Maintenance claim under Sec 24 HMA - Perjury regarding lying on income
My wife filed a divorce case in Gujarat about 3 years ago, and also filed an application seeking interim maintenance at that time. She claimed in both applications that she was not having any independent income, and that she was totally dependent on her mother for support. I knew that she was lying about her income on sworn affidavit. I submitted an application in court asking her to produce copies of her income tax returns for last 3 years which, she did file in the court, about 3 months back. Her income tax returns show her independent income of more than 2 lac rupees per year from multiple sources such as mutual funds etc. for last 3 years. Since she had earlier claimed in her application under Sec 24 of HMA that she had no income, and now that it has turned out that she did have substantial independent income as per her own returns filed by herself in the court under legal compulsion, I filed perjury application in the court. The judge said that he would decide on both interim and perjury applications at the same time. However, the case was recently transferred to another judge in the same court, who is not inclined to decide on my perjury application and he wants to decide on her interim application first. This seems very weird to me.
My question: (1) What are options available with me under law to seek consideration of my perjury application first and determination of her income before deciding her interim application and (2) what case law is available to persuade the judge to decide perjury application, make a determination of her income, and only thereafter decide on her application under Sec 24. (3) What are chances that her interim application will be rejected as she has been caught lying, and what are chances of success of my perjury application against her?
Asked 2 years ago in Family Law from Canada
1) person who has not come to court with clean hands is not entitled to any reliefs
2) since your wife has suppressed material facts about her income court would not award her any maintenance
3) you should during arguments on interim maintenance application stress on income tax returns filed by her which show that she had income of Rs 2 lakhs per year and hence is not entitled to any interim maintenance
4) also rely upon various judgments of SC wherein it has been held that person who has not come to court with clean hands is not entitled to any reliefs
5) it is for court to decide whether it would decide your perjury application first or the maintenance application filed by wife
1) It is the discretion of the presiding Judge to decide on either of the application first although ideally as the decision on your application has direct bearing on her application for interim maintenance.Unfortunately there is no viable option legally to compel the court to consider your application first.
2) Even if the court passes an order on maintenance earlier in time based on her perjurious statements, as perjury will stand established by her own admissions subsequently on documents produced, you can appeal against the order of maintenance to overturn it.
3) The chances of her application being rejected are high as her lie stands revealed before the court. Your lawyer, in his/her argument must forcefully bring to the notice of the courts what happened following her application for maintenance, so that even though your application is decided later, it can have least consequences. The merits of her application is another factor in the entirety of other attending circumstances of the case.
4) There is a high chance of your petition succeeding as there are documentary evidence that contradicts her earlier statements on oath.
1. Generally such perjury applications are not entertained by Indian Courts who take lenient view on such false claims preferred by wives,
2. You can certainly seek the order on your perjury application what ever it may be and after collecting the adverse order, file an appeal before the higher court,
3. If the Court lower refuses to give any order on the perjury case and straight way goes to hear maintenance issue, then also you can file a petition before the higher court praying for a direction upon the lower court to first dispose of the perjury case and then hear the maintenance matter,
4. There is fare chance of her maintenance application getting rejected since it has been proved that she has earning of her own to maintain herself.
1. No perjury is made out in the given facts and circumstances. Be that as it may, if the court is not deciding your perjury application then you may move the High Court.
2. If you are able to prove that she has lied then it may result in the dismissal of her interim application, but a mere lie is not the basis to prosecute and punish the liar for perjury. Perjury is something way more than lying.
she has committed perjury by claiming two contrast statements so according to section 115 of the evidence act court should stop her to take any plea and first to decide her actual income. if she is well to do then no interim maintenance can be granted. if court decides interim maintenance then you should file an revision before the district judge against the order of interim maintenance.
regarding perjury : if you think that you can easily prove the offence of perjury because it is based on sound evidence then you should approach the high court under article 226 of the Indian constitution. file writ of prohibition and stay this proceeding.
court is empowered under section 340/195 crpc to file a criminal case and initiate proceeding because perjury has been committed during the proceeding of the case.
if court initiates proceeding under section 340/195 crpc then perjury case will be separated from the maintenance case. judgment of perjury case shall render her ineligible for maintenance of both interim and permanent.
1. You can file an application before high court seeking to stay the proceedings in the interim maintenance application and to direct the lower court to dispose the perjury case. However the trial of interim maintenance case would be beneficial to you since the decision on that if not in your favor, can be challenged on the basis of the pending perjury application.
2. The case laws are not supplied here, you can ask your own lawyer about it.
3. No prediction on the behavior of court and its verdict on such cases be made. If the orders are not in your favor you may approach high court with a revision application.