IN THE COURT OF SH. Name of Principal Judge, LD. PRINCIPAL JUDGE, FAMILY COURT, Family Court district COURTS, DELHI
CC No. Court case number
IN THE MATTER OF: -
Petitioners' names & Anr.Petitioners' address
… PETITIONERS
VERSUS
Respondent's name… RESPONDENT
APPLICATION UNDER SECTION 340(1) OF THE CODE OF CRIMINAL PROCEDURE, 1973, FOR INITIATION OF PROCEEDINGS FOR PERJURY COMMITTED BY THE RESPONDENT BY WAY OF AFFIDAVIT AND SOLEMN AFFIRMATION ON OATH SUBMITTED BEFORE THIS HON'BLE COURT
MOST RESPECTFULLY SHOWETH AS UNDER: -
1.That the petitioners have filed the present case under Section 125 of the Code of Criminal Procedure, 1973 against the respondent before this Hon'ble Court, which is pending for further proceedings.
2.That the respondent, through his financial affidavit and written statement, specifically pleaded that he was not working and had no means of income. On the basis of the false submissions made by the respondent, this Hon'ble Court, vide its order dated Date of interim maintenance order, granted interim maintenance to the tune of Rs. Amount of interim maintenance (₹)/- per month in favour of Petitioner No. 2 only, and no interim maintenance was awarded in favour of Petitioner No. 1.
3.That it is relevant to mention that, at entry 7 of Part I of the income affidavit filed by the respondent, it was averred by the respondent, which averment is reproduced herein for the perusal of this Hon'ble Court and reads as under: -
"Previously I was doing a private job at Name of respondent's former employer (general insurance company), General Insurance, Delhi. But due to the cases filed by the petitioner, I could not continue my job regularly, hence I was terminated by the company vide letter dated Date of termination letter and presently I am unemployed. Now I am trying to search a new job."
And as such, on the basis of the submissions of the respondent, this Hon'ble Court presumed the earnings of the respondent on the basis of the minimum wages schedule, and the observation made was as follows: -
"He left the job by his own will and this was clearly mentioned by the company vide letter dated Date of company's letter."
4.That it is submitted before this Hon'ble Court that the respondent not only concealed his income but also, deliberately and with a dishonest motive, failed to furnish any information or particulars regarding his expenditure in the income affidavit filed by him.
5.That it is respectfully submitted that, while the respondent specifically pleaded before this Hon'ble Court that he was not working, he misled this Court by the deliberate concealment and active misstatement of material facts relating to his employment status by way of a false affidavit. In fact, in a manner amounting to perjury, the respondent stated in his income affidavit that he remained unemployed. He deliberately and dishonestly withheld the fact that, after his termination from Name of respondent's former employer, he had joined beneficial employment with Name of respondent's current employer company, with the nefarious intent of avoiding his responsibility of paying maintenance to the petitioners.
6.That the respondent is employed with Name of respondent's current employer on a monthly salary of INR Respondent's monthly salary (₹)/- (Rupees Respondent's monthly salary in words only). However, the impugned order was passed on the presumption that the respondent was unemployed and that his earning capacity was equivalent to the amount notified under the Minimum Wages Act, i.e., INR Minimum wages amount (₹)/- per month, by this Hon'ble Court on the basis of the false and forged income affidavit filed by the respondent. Moreover, in view of this fact, the very basis for denial of interim maintenance to Petitioner No. 1 — namely, that she earns more than the respondent — stands completely invalidated, and the said order deserves modification.
7.It is also brought to the notice of this Hon'ble Court that Petitioner No. 1 is compelled to file the present application on account of a subsequent change in her circumstances, which is required to be brought to the knowledge of this Hon'ble Court. Petitioner No. 1 resigned from her job in the month of Month of petitioner's resignation, and the said resignation was accepted by her employer. It is further submitted that Petitioner No. 1 received an offer letter from a new company, namely Name of company that revoked job offer; however, the said offer letter was unfortunately revoked by the company on account of the COVID-19 pandemic. Since then, Petitioner No. 1 has been unable to secure employment for herself despite her diligent efforts, owing to the worldwide recession caused by the COVID-19 pandemic.
8.That it is relevant to state that the respondent, in his affidavit filed before this Hon'ble Court, specifically stated and affirmed on oath the facts regarding his not earning, which are wholly false and incorrect. Thus, by filing a false affidavit and giving false evidence on oath before this Hon'ble Court regarding his employment, the respondent has committed offences relating to documents given in evidence under Section 195, read with Sections 191, 193, 196, 199 and 200 of the Indian Penal Code, which has led to the filing of the present application by the petitioners before this Hon'ble Court under Section 340 of the Code of Criminal Procedure, 1973, for initiating an inquiry against the respondent for the offences referred to in Section 195 Cr.P.C., for consideration by this Hon'ble Court, inasmuch as the respondent, on oath, has given false facts and false evidence regarding his employment at the time of filing his income affidavit and written statement before this Hon'ble Court. It is further submitted that the respondent was employed at the time of receiving the summons from this Hon'ble Court, and he was also employed at the time of filing the written statement and income affidavit.
9.That even the Hon'ble Supreme Court, in a well-known dictum rendered by a three-Judge Bench reported in (2002) 1 SCC 253, titled *Pritish vs. State of Maharashtra and Ors.*, deprecated the practice of suppressing income in maintenance cases and strongly recommended the initiation of criminal prosecution for suppression of material facts and for giving wrong information on oath before the Courts.
In *Abhishek Dubey v. Archana Tiwari*, CRL. REV. P. 944/2019, decided on 15-10-2019, the Hon'ble Mr. Justice Suresh Kumar Kait, while deciding the petition, enhanced the interim maintenance payable to the wife and directed the trial court that, while deciding the petition under the Protection of Women from Domestic Violence Act, 2005, it shall take into consideration all the facts and circumstances, including the amount the petitioner therein was earning from all sources.
The brief facts of the abovesaid case are reproduced herein for the perusal of this Hon'ble Court: the respondent therein had filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 before the Metropolitan Magistrate, alleging cruelty and torture, along with demand for dowry, against the petitioner therein and his family members.
It was further stated that the petitioner therein was a well-known businessman in City in the cited Abhishek Dubey case, who ordinarily dealt with his business in cash, and was one of the largest suppliers in City in the cited Abhishek Dubey case, earning around Rs. Petitioner's daily earnings in the cited case (₹)/- per day. The petitioner therein and his family members, who were co-accused in that case, had also invested Rs. Amount invested with builders in the cited case (₹)/- with local builders, and the same was being dealt with under the name of 'Name of the firm in the cited case'.
In addition, it was stated that the petitioner therein had produced a fake rent agreement showing that he was residing in rented accommodation at Fake address in the cited case, whereas, in truth, no such floor existed in the said building at all.
In view of the above, the Court observed that the petitioner therein had committed perjury by making the said statement before the trial court while he was not residing there and the address was fake. The Court accordingly directed the trial court to initiate proceedings against the petitioner therein under Section 340 Cr.P.C.
The Court observed that where a person is engaged in business and transacts largely in cash, it becomes difficult to establish precisely what such a person earns. The Court can, however, assess the income by taking into consideration the standard of living of such person and what he was earning prior to his separation from his wife. It appears that the petitioner is engaged in the Nature of the petitioner's business business and, in addition, looks after the family business. Therefore, on a conservative estimate, he earns at least Estimated minimum monthly income to Estimated maximum monthly income per month.
The Court accordingly held that the respondent is the legally wedded wife of the petitioner, who is duty-bound to maintain her in accordance with his status. In the present day, the sum of Maintenance amount awarded by the Trial Court awarded by the Trial Court by way of maintenance is a meagre amount, having regard to the standard of living of the husband.
Accordingly, while dismissing the petition, the High Court enhanced the interim maintenance to Enhanced maintenance amount per month per month, to be paid from the date of filing of the petition under the DV Act.
10.From the aforesaid submissions, it is manifestly clear that the Respondent, in his 'Written Statement' and detailed 'Income Affidavit', asserted and pleaded incorrect facts regarding his employment, and suppressed material facts relating thereto, with a view to somehow evading payment of the maintenance lawfully due and payable to the Petitioners. These facts clearly establish, beyond doubt, the conduct of the Respondent, and further demonstrate that he has not approached this Hon'ble Court with clean hands and has committed perjury by filing a false and frivolous written statement to the petition and an 'Income Affidavit' on oath, containing incorrect information. This attracts the penal provisions of Section 340 Cr.P.C., and it is therefore humbly prayed that this Hon'ble Court may initiate an enquiry into the offences 'relating to documents given in evidence' committed by the Respondent, referred to in Section 195 of the Criminal Procedure Code.
11.That the accused has concealed and suppressed true facts while submitting documents under oath, and has made false and perjurious submissions on oath.
12.That the Respondent is guilty of the act of perjury, having made false statements on oath, solemnly affirming and wilfully and knowingly stating what is untrue, in the "Income Affidavit" submitted by the Respondent before this Hon'ble Court, with the oblique motive of misleading and misguiding this Hon'ble Court, in order to evade his obligation of maintenance towards the Petitioners.
13.The material on record before this Hon'ble Court, and a perusal of the detailed description aforesaid in this application, clearly proves that the Respondent has committed the act of perjury by intentionally tendering extensive false and fabricated evidence during the judicial proceeding before this Hon'ble Court, by making false statements in his "AFFIDAVIT". The filing of a false affidavit before a court of law causes obstruction in the course of justice and adversely affects the administration of justice. Further, the Respondent cannot be permitted to take the liberty of impairing the purity of justice. In these facts and circumstances, the Petitioner has filed the present application before this Hon'ble Court in exercise of the jurisdiction of this Hon'ble Court under Section 340(1) of the Code of Criminal Procedure, 1973, against the Respondent, and it is expedient in the interest of justice to prosecute the Respondent, inasmuch as prima facie evidence has been adduced in that behalf. The Respondent is accordingly punishable for the act of perjury, which adversely affects the administration of justice.
14.The present application is made bona fide and in the interest of justice.
P R A Y E R
It is, therefore, most respectfully prayed by the Petitioner that:
a.Having regard to the aforesaid facts and circumstances, this Hon'ble Court may kindly be pleased to charge the Respondent and commit the matter to the concerned Metropolitan Magistrate's Court for prosecution of the Respondent for the act of perjury committed in his 'Income Affidavit on oath' and written statement, for the offences relating to documents given in evidence before this Hon'ble Court; and
b.Kindly pass such other and further orders as this Hon'ble Court may deem fit and proper in the peculiar facts and circumstances of the case, in the interest of justice.
AND FOR THIS ACT OF KINDNESS AND JUSTICE, THE ABOVE-NAMED PETITIONER, AS IN DUTY BOUND, SHALL EVER PRAY.
Petitioners' names
Petitioner No.1
Through
Name of counsel
Date: Date of signing
Place where application is filedCOUNSEL FOR THE PETITIONER
IN THE COURT OF SH. Name of Principal Judge, LD. PRINCIPAL JUDGE, FAMILY COURT, Family Court district COURTS, DELHI
CC No.Court case number
IN THE MATTER OF:-
Petitioners' names & Anr....Petitioners
Versus
Respondent's name...Respondent
AFFIDAVIT
Affidavit of Deponent's name D/o Deponent's father's/husband's name, R/o Deponent's permanent address, at present residing at Deponent's present address, do hereby solemnly affirm and declare as under:
1.That the deponent is Petitioner No.1, is filing the present application, and is well conversant with the facts and circumstances of the case, and is therefore competent to swear this affidavit.
2.That the contents of the accompanying application have been drafted by my counsel; the legal averments therein are true and correct to my belief, which is based on the legal advice rendered to me and believed by me to be correct.
3.That I have gone through and understood the contents of the accompanying application, and I state that the facts stated therein are true and correct to my knowledge.
DEPONENT
VERIFICATION:
Verified at Place of verification on this Date of verification (day) day of Date of verification (month), Year of verification, that the contents of the above affidavit are true and correct to my knowledge; no part of it is false, and nothing material has been concealed therefrom.
DEPONENT