The Punjab and Haryana High Court has ruled that an estranged spouse who concealed her employment status and falsely claimed to be unemployed in order to secure maintenance from her husband can be legally prosecuted for providing false evidence.
The judgment, delivered by Justice Jasjit Singh Bedi, followed a revision petition filed by a wife challenging an order dated October 13, 2021. The Additional Principal Judge (Family Court) had previously determined that an inquiry should be conducted against her under Section 191 of the Indian Penal Code (IPC) for presenting false evidence.
Justice Bedi emphasized that it is the primary responsibility of any party seeking maintenance to accurately disclose their financial status, enabling the court to fairly decide on the amount of maintenance. The court stressed that providing false information undermines the dignity and sanctity of the judicial process, and such practices must be discouraged.
The court found that the petitioner began working as an Assistant Professor at a private university on July 3, 2017, earning a monthly salary of Rs 28,000. However, she filed her petition for maintenance under Section 125 of the Criminal Procedure Code on July 26, 2017, without disclosing her employment.
Dismissing the wife’s plea, Justice Bedi remarked, “In my opinion, this explanation is completely fallacious. The petitioner is an Assistant Professor and a highly educated person. At no stage during the proceedings, including her cross-examination, did she reveal her employment status. Even if this fact was omitted from her initial petition under Section 125, she should have informed the court about her employment during the proceedings.”
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