New Delhi, Jan 27 (PTI) A Delhi court has directed perjury proceedings against a woman for allegedly lying in her income affidavit to receive a higher maintenance from her estranged husband.
Family court judge Smita Garg was hearing an application by the husband for initiation of the perjury proceedings.
The plea said his estranged wife told “blatant lies on oath” about the details of her employment and income to mislead the court and receive a higher maintenance.
The husband had filed a petition for divorce on the grounds of cruelty against the estranged wife under the Hindu Marriage Act, following which the respondent (wife) filed a plea claiming maintenance.
On January 17, the court said, “The very purpose of filing an income affidavit is that based on the correct and responsible information furnished in it, the court can assess the financial status of the parties and adjudicate the quantum of maintenance.” It said the wife filed the affidavit claiming maintenance under provisions of the Hindu Marriage Act but it appeared she “deliberately made a false statement” for the court to award maintenance at a higher rate by “believing that she is unemployed.” The court observed she was employed as a teacher in a private school.
“This tendency to secure an interim order on false averments on oath needs to be viewed sternly and dealt with effectively. Such a litigant cannot be allowed to get away with false statements owing to unnecessary indulgence and misplaced generosity… It is a fit case for initiating the proceedings for the offence of perjury,” it said.
The court ordered a complaint to be filed before a “competent criminal court” against the estranged wife.
Advocates Prashant Mendiratta and Poonam Mendiratta appeared for the husband. PTI MNR AMK
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