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.
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.
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.
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.
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.
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.
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