Sejalben Chovtiya vs State of Gujarat
Coram : Justice Sonia Gokani]
Prosecute Wife under Perjury for blatantly lying to claim maintenance from husband
+ During the trial, Lower court filed perjury against wife for lying on oath. Wife approached to HC for quashing perjury charge against her
+ Wife said that she is housewife and had no source of income, whereas husband reveled that she got 4 Lakh from her previous husband as alimony that hasn’t been disclosed. Further wife also concealed the fact that she was earning 40,000 but in affidavit she stated she has no source of income.
+ Wife also did not disclose the deposit of 17 lakhs in her bank account and when such lies exposed by husband she stated that she is not aware about her own bank accounts & such deposits
+ Family court observed that “Wife getting sufficient income from the fixed deposit receipt and yet has not admitted and on the top of that by further lying in her affidavit that she has no source of income is amount to perjury”
+ HC Observed that “Laws which are otherwise in favour of the distressed wife when are sought to be misused by declaring completely incorrect facts and also by suppressing the material aspect is a obstacle in administration of justice“