The Allahabad High Court recently dismissed a criminal appeal filed by a husband seeking perjury proceedings against his wife over alleged false statements regarding his income in a maintenance case, holding that such action is not warranted unless it is expedient in the interest of justice.
"It is common knowledge that in such proceedings like under Section 125 CrPC, generally claimant/wife exaggerates the income of her husband in order to claim maintenance but it does not mean that such a statement on the part of wife warrants action under Section 340 CrPC,” the bench of Justice Raj Beer Singh.
Court was dealing with a challenge to an order of the family court at Prayagraj, which had rejected an application filed under Section 340 of the Code of Criminal Procedure, now reflected under Section 379 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The application sought initiation of criminal proceedings against the wife for allegedly making false statements on oath in proceedings under Section 125 CrPC (corresponding to Section 144 BNSS).
The appellant-husband argued that his wife had deliberately misstated his monthly income in her affidavit. According to him, she had claimed his income to be 80,000 per month, and in another instance 1,25,000, whereas his actual earnings were only 11,000 per month. On this basis, he contended that offences relating to false evidence and false claims were made out, and the family court erred in refusing to initiate prosecution.
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