Alka Verma –
Published on: September 16, 2021, at 14:21 IST
The Karnataka High Court recently held that the complaints of Perjury are a ‘Heinous’ offence in a civilized society.
The Court further stated that the consideration of complaints regarding Perjury should not be deferred or delayed by any Court.
Justice Krishna Dixit of the Karnataka High Court stated ,”Act of Perjury is treated as a ‘Heinous’ Offence in all civilized societies; consideration of complaints with regard to the same cannot be deferred or delayed; otherwise there is all possibility of the fountain of justice being polluted.”
The observation was made while hearing a Plea from a man sought to start a case of Perjury against his wife.
The wife earlier had filed an Alimony Application stating that she is unemployed and demanded ₹1,00,000 as monthly maintenance and a lump sum of ₹75,000 as litigation expenses under Section 24 of the Hindu Marriage Act, 1955.
It should be noted here that the Plea of the wife was rejected by the Trial Court and is pending in the Karnataka High Court.
Following the incident, the husband filed a case of Perjury against the wife stating that she is not unemployed and that seeking maintenance is falsely presented.
The Trial Court rejected the husband’s case after which the husband filed the Plea in the High Court.
Justice Dixit also observed that the Lower Court quashed the Alimony application of the wife after noticing her Income Tax returns and noticing that she was a postgraduate in medicine.
“Thus, there is a specific finding as to the falsity of statement made on oath by the respondent.”
The Court further added, “The application of the Petitioner for initiating action for the Offence of Perjury, could not have been turned down as being premature merely because the main matter is still pending; consideration of such an application has nothing to do with the outcome of the main matter at all.”
The Court also criticized the Lower Court for not taking any actions and stated, “The inner voice of this decision (Mahila Vinod Kumari vs. State of Madhya Pradesh) appears to have fallen on the deaf ears of the learned Judge of the court below.”
The Court allowed the Petition of the husband and handed over the matter to the Lower Court for fresh considerations.
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