Pune: The family court ordered a perjury case against a software engineer after she filled an affidavit giving false information for getting maintenance amount from her husband. She had transferred Rs 39 lakh in her father’s account and then filed the application. seeking maintenance. In the same month, she had joined a company but did not inform the court.
The 45-year-old man from Camp worked with an MNC dealing in oil and gas supplies in Dubai, where the 41-year-old woman worked as a software engineer with an airline company. They got married in 2003.
Now, they are living separately due to their differences, and the man had filed a petition for restitution of conjugal rights in the family court in 2016.
The woman has a filed a case of harassment against him with Vadodara police. They have a five-year-old daughter, who stays with the woman.
Her lawyer submitted to the court, “She was on probation and did not have disposable income. The husband is power of attorney holder, therefore, she was compelled to transfer her money to her father’s account. It is her own money and not his money. To secure roof over her head, she purchased a flat and Rs 39 lakh was deposited in father’s account as senior citizens get 1 per cent more interest.”
Judge Prasad Palsingankar observed, “Despite having lakhs of rupees at her disposal, she claimed herself as a poor woman and harassed her husband to seek maintenance. She misguided the judicial authorities. So, as rightly stated by the husband, she had made a mockery of the judicial system. In case of perjury, the judicial authority can take appropriate action. Section 193 of IPC provides punishment for giving or fabrication false evidence in judicial proceedings. She filed an affidavit on oath to support her interim application, thereafter she filed various replies and tried to justify her improper conduct.”
The court had ordered an enquiry which found that the woman has committed perjury by making a false interim maintenance application and filing a false affidavit on oath, when she was flooded with lakhs of rupees. “She transferred lakhs of rupees to her father to create a record that she does not have money. Therefore, an officer of the court shall file a complaint before Judicial Magistrate First Class, Shivajinagar, against the woman for making a false statement on oath before a judicial authority. The registrar of the family court is hereby directed to draft the complaint, send it and present it before said judicial authority,” the judge ordered on January 31.
Giving reasons for the perjury case, judge Palsingankar stated, “This drastic step is necessary, considering the modus operandi adopted by the respondent to transfer almost Rs 39 lakh to her father’s account to create record that she does not have money and to suppress information that she has joined duty in the very month, when she filed application for interim maintenance. If such a capable, highly educated woman, having lakhs of rupees at her disposal comes and misguides the court by telling that she does not have money for wherewithal, then it will be a wrong precedent for future. So, let such litigating class understand that they should not come to the court with false claims and shall not use judicial machinery to harass the spouse. Therefore, I am of the opinion that said drastic step is necessary.”