The Karnataka High Court held that when a court records a specific finding that a party suppressed material facts on oath, it cannot dismiss a perjury application as premature merely because the main case remains pending. The Court ruled that allegations of false evidence affect the purity of judicial proceedings and require prompt consideration. It set aside the Family Court’s order and remitted the matter for fresh consideration.

The following paragraphs form the foundation of the Court’s decision.

Para 4(a):

“…If these IT Returns are taken into consideration, the respondent is having income and she is also earning income… She has not filed any counter to the objections filed by the petitioner and also with respect to these IT Returns. In fact, by filing a complaint she has admitted that she has filed Income Tax Returns… Under such circumstances, she has suppressed the fact that she was earning income…”

Para 4(b):

“…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…”

Para 4(c):

“…act of perjury is treated as a heinous offence in all civilized societies; consideration of complaints with regard to the same cannot be deferred or delayed; otherwise there is all possibility of the fountain of justice being polluted.”

Para 4(e):

“…applications of the kind need to be considered on merits at the earliest point of time so that a loud message goes to the unscrupulous section of the litigant public as to what would befall the perjuring parties.”

Decision

The High Court allowed the writ petition.

• It set aside the Family Court’s order.
• It remitted the matter for fresh consideration of the perjury application.
• It directed that the main matrimonial case remain in abeyance until such consideration.

All contentions remained open.

Citation :2021:KHC:33333

Other Sources :

Index of Perjury Judgements is here. 

Key Contributor :

Mrs. Suprajaa Rajan B.Com., LL.B, LL.M.

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