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True Colors of a Vile Wife

Sejalben Tejasbhai Chovatiya & vs State Of Gujarat on 20 October, 2016

Posted on May 15, 2018 by ShadesOfKnife

Very nice judgment from High Court of Gujarat, wherein income (alimony given by Husband is income for tax purposes) hiding Knife is charged under sections 195 and 340 of CrPC.

 

Para 4,

The trial Court, on an application Exh.88 under sections 195 and 340 of the Code of Criminal Procedure preferred by respondent No.2 on 13.5.2016, recorded the evidence on both the sides and directed the Registrar of Family Court to file an application before the Pradyuman Nagar police station under sections 191,192 and 193 of the Indian Penal Code.

 

Para 8,

Learned advocate appearing for respondent No.2 has urged that it is very rare that the Court would go out of the way to hold that perjury has been committed and, in the instant case, it is quite obvious from the record that she had not revealed the fact that she is given permanent alimony of the sum of Rs.4,00,000/- so also all her income is shown under the Income-Tax Act.

 

Para 10,

Admittedly, this order has arisen on account of the affidavit given by the petitioner, wherein she declared herself a housewife having no source of income. However, she has admitted in her cross-examination that she has obtained Rs.4 lakhs from her previous husband at the time of taking divorce from him.

 

 

Para 16,

It also held that the bar would be attracted only when the offences enumerated in section 195(1)(b)(ii) have been committed with respect to a document, after it has been produced or given in evidence in a proceeding in any Court. If said offence is committed or given in evidence in Court, no complaint by Court would be necessary and a private complaint would be maintainable.

 

Para 18,

this Court has no reason to interfere as often it is found that the litigants coming before the Court chose to speak blatant lies and do so with complete impudence.

 

Para 19,

Laws which are otherwise in favour of the distressed wife when are sought to be misused by declaring completely incorrect facts and also by suppressing the material aspect, the trial Court at the time of considering the case found that the impact on the administration of justice would make it expedient for it to direct the prosecution.

 

Sejalben Tejasbhai Chovatiya & vs State Of Gujarat on 20 October, 2016

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Curated, Reproduced from main.sci.gov.in, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in or any other Government websites such as Gazettes and repositories of Government Orders and Commented in accordance with Section 52(1)(q) of the Copyright Act 1957 (India) and any other applicable public disclosure laws/provisions in India and in various other countries.

I neither have control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in entire form, nor I can remove references/links to this document(s) from the results of Search Engines such as Google.com.

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Posted in High Court of Gujarat Judgment or Order or Notification | Tagged CrPC 125 - Maintenance Denied CrPC 340 read with CrPC 195 Landmark Case Misuse of Women-Centric Laws No Source of Income Perjury Under 340 CrPC Sejalben Tejasbhai Chovatiya | Leave a comment

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