IN THE COURT OF LD. JUDICIAL MAGISTRATE, F.C. BADLAPUR
MISC. CRL. CASE NO. 420 / 2018.
In the matter of: –
Mrs. Mohini …Petitioner
Shri Ravan & Ors. …Respondents.
APPLICATION U/S 340 CR.P.C. PREFERRED ON BEHALF OF RESPONDENTS AGAINST PETITIONER
Most Respectfully Showeth as under: –
- That the petitioner has filed the present case before this Hon’ble Court for grant of interim maintenance under Section 23 of the Protection of Women from Domestic Violence Act, 2005 against the respondents.
- That the petitioner in her Domestic Violence Case, specifically pleaded that she was not working and she is depend on her parents for survival and for daily needs. Even, this Hon’ble Court, while granting interim maintenance, vide its order dated 9.3.2016, to the tune of Rs. 5,000/- per month in favour of petitioner, also of the similar view, relevant extract of [para 14 of order] which for the ready perusal of this Hon’ble Court is reproduced as under: –
“14. Now, the question of interim maintenance arise. As per applicant she is depend on her parents…..”
- It is respectfully submitted that though the petitioner has specifically pleaded before this Hon’ble Court, by way of her Domestic Violence Petition, that she was not working, she recently before the Hon’ble High Court, has come up and taken the plea that she is working and disclosed about her employment. Not only that, even the petitioner after much belated stage, after aforesaid disclosure about her employment before the Hon’ble High Court, has now filed an application for amendment before this Hon’ble Court (which is listed for disposal on 13.3.2018), whereby, she is trying to amend her Domestic Violence Case (after grant of maintenance) pleadings, thereby very conveniently, trying to amend the pleadings about her employment, that too, after much belated stage, which suppression of facts by the petitioner, clearly shows that while filing the Domestic Violence Petition alongwith her affidavit, she has given wrong information on oath in her affidavit and has suppressed the material factum about her employment, just to gain the unjust enrichment from the respondents and grant of interim maintenance in her favour anyhow. Copies of Petition/Application, wherein petitioner has disclosed about her employment, is annexed herewith and marked as Annexure A-1.
- That it is relevant to state here that petitioner in her Domestic Violence Case and Affidavit filed before this Hon’ble Court, specifically, on oath, stated/pleaded and re-affirmed her facts regarding her not earning and depending on her parents for survival (which had already been pleaded in her case) which, with due respect are totally false and incorrect as at that particular period also, she has been working, for which several plethora of documents have already been filed by the respondents, however, at that relevant time, this Hon’ble Court has ignored to take into consideration such documents with observation that same shall be subjected to consideration after adducing of evidence by the parties with further view that same are photocopies only, authenticity of which can be adduced further after evidence. It is further respectfully submitted that now from the pleadings of the petitioner pleaded in her amendment application (seeking amendment of DV case) relating to her employment, it stands crystal clear that it is only to avoid from the contempt and perjury in the form of Section 340 Cr.P.C. she has now pleaded/sought amendment of pleadings with respect to her “employment”, which stand of the petitioner, clearly shows about her conduct and suppression of material facts, pleaded/asserted at the time of grant of interim maintenance. Moreover, from her pleadings of employment, it is crystal clear that she has given the wrong information and filed false affidavit, on oath, alongwith DV Case before this Hon’ble Court. Thus, by giving/filing false affidavit/evidence, on oath, before this Hon’ble Court regarding her employment, petitioner has committed offences (relating to documents given in evidence as per Section 195 (b) (i) of Cr.P.C.) under Sections 191, 193, 196, 200 of the Indian Penal Code, which led to filing of present application by the respondent before this Hon’ble Court u/s 340 Cr.P.C. for initiating an inquiry against the petitioner for the offences referred to in Clause (b) of sub-section (1) of Section 195 Cr.P.C. for consideration by this Hon’ble Court as the petitioner, on oath, has given false facts/evidence regarding her employment. Further, the respondents are also filing some authentic documents taken from the Internet, showing her employment status [linked in profile] as “Credit Manager” with HDB Financial Services Limited (a Subsidiary Company of HDFC Bank]; her EPFO status, her salary account number ____________________, her PAN Card Details, Copy of FORM 26 AS, are annexed herewith and marked as Annexure A-2.
- It is further respectfully submitted that even the Hon’ble Supreme Court in a well known dictum rendered by a three bench judgment reported in (2002) 1 SCC 253, titled, Pritish Vs. State of Maharashtra and Ors. And the Gujarat High Court cases has deprecated the practices adopted by the wife claiming maintenance from husband but suppressing her own income and initiation of criminal prosecution against the wife on such suppression of material facts and giving wrong information on oath before the Courts. Relevant judgments shall be dealt with and produced at the time of hearing of the present application.
- Thus, from the aforesaid submissions, it is crystal clear that petitioner in the Domestic Violence Petition as well as in her affidavit [filed in support of DV Case] has asserted/pleaded wrong facts regarding her employment and suppressed the material facts relating to her employment, to anyhow gain the unjust enrichment from the respondents and to anyhow obtain the interim order for maintenance, thus, which fact clearly shows beyond doubt the conduct of the petitioner, with further clarification that she has not approached with clean hands before this Hon’ble Court and has made perjury by filing the petition/affidavit, on oath, by giving wrong information, which attracts penal provisions of Section 340 Cr.P.C., whereby and thereby, it is humbly prayed that this Hon’ble Court may initiate an enquiry for the offences committed by the petitioner referred to in Clause (b) of sub-section (1) of Section 195 of the Indian Penal Code.
- The present application is made bonafide and in the interest of justice.
P R A Y E R
It is, therefore, most respectfully prayed that this Hon’ble Court may kindly be pleased to:-
- allow the present application, thereby initiating an enquiry for the offences committed by the petitioner referred to in Clause (b) of sub-section (1) of Section 195 of the Indian Penal Code;
- pass such other or further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case in hand.
Advocate for the Respondent,
Filed on: 12.3.2018