A single judge of Allahabad High Court held that, perjury applications must be disposed first before deciding maintenance petitions when allegations of adultery are alleged.
From Paras 9 to 11,
9. In the application filed by the revisionist under Section 125 (4) Cr.P.C., it has been alleged that since the marriage, the behaviour of the opposite party no.2 towards the revisionist and his family members was very bad. She used to abuse the revisionist and always ready to fight and quarrel. It is also alleged that she used to receive dirty and obscene messages and videos through her mobile phone and she also exchanged obscene conversations and messages with so many persons like Shakeel Ahmed, Nikhil Varshney, Haider, Ashwin etc. In support of said allegations, the revisionist has enclosed the list of names along with mobile numbers along with the said application. The daughters of the revisionist also disclosed to the revisionist that in his absence, some persons come to his house to meet opposite party no.2 and she used to get them locked in another room along with herself and used to spend one or two hours with that person in that room. At that time, the daughters used to hear dirty words and sounds from inside the locked room. It is then alleged that seeing obscene acts of opposite party no.2 and thinking about the future of his children, the revisionist was forced to take both his daughters to his ancestral home at Lucknow and got them admitted in a good school there and both the daughters of the revisionist are getting their education there.
10. It is further alleged in the said application that opposite party no.2 makes nude videos of her body and sends them to other persons. A person made a C.D. of nude videos of the opposite party no.2 and gave it to the revisionist. Opposite party no.2 watches donkey sex videos. The nude videos and voice recordings of the opposite party’s conversations are captured in the said C.D., which has also been enclosed along with the said application. It is pertinent to mention here that daughter of opposite party no.2, namely, Nadiya Khan as D.W.-1 in her affidavit i.e. examination-in-chief filed before the trial court in the instant proceedings under Section 125 Cr.P.C. as also in the cross-examination, who is living with the revisionist along with her younger sister has supported the aforesaid allegations as made by the revisionist in his application under Section 125 (4) Cr.P.C. against opposite party no.2.
11. It is also alleged that the opposite party no.2 is an educated woman, having degrees of B.Tech and M.B.A. She has also worked in Dubai and there too the opposite party no.2 had illicit relations with other men. Despite being married and mother of two daughters, she used to talk vulgarly with other men, which is clearly proved by the audio recording.
Index to Perjury Judgments is here.
