Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2021 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (8) TMI 1372 - KARNATAKA HIGH COURTPerjury - falsification of statements - respondent-wife supporting the application for maintenance had falsely stated as to her unemployment & lack of income - HELD THAT:- This Court is inclined to grant a limited indulgence in the matter as under and for the following reasons: a) Petitioner's matrimonial cause for annulment of his marriage with the respondent, is pending before the Court below; respondent-wife who is a medical practitioner with Post Graduation, was then doing her 'Doctorate of Medicines' (ie., DM), is not in dispute; in the narrative affidavit filed by her in support of application for maintenance, she had claimed to be unemployed & incomeless; the said application came to be rejected by the Court below vide order dated 06.02.2015 and the same is put in challenge. (b) Even before this Court, it is not the case of respondent that the copies of Income Tax Returns produced by the petitioner for opposing the claim for maintenance, do not pertain to her or that their contents are untrue/incorrect; when the Court below has recorded a specific finding as to the income of the respondent from the medical profession that too on the basis of undisputed IT Returns for the relevant period; when it has also recorded a specific finding that the respondent has suppressed the fact that she was earning income; that being the position, the application of petitioner for initiating action for the offence of perjury, could not have been turned down as being premature merely because main matter is still pending; consideration of such an application has nothing to do with the outcome of the main matter at all. This writ petition succeeds; impugned order is set at naught; matter is remitted for consideration afresh; till such consideration takes place, the main matter shall be parked at a bay.
|