Allahabad High Court has given an important decision. The court has said that if a wife exaggerates her husband’s income to get alimony, then a criminal case cannot be initiated against her on the charge of perjury.![]()
The Allahabad High Court has said in an important order that it has become a common practice nowadays for a wife to exaggerate her husband’s income to get alimony. For this reason alone, a criminal case cannot be initiated against the wife on the charge of ‘perjury’.![]()
A husband had challenged the order of the Family Court in the High Court. The husband said that his wife had given false information about her income while applying for maintenance. Therefore, action should be taken against the wife for perjury. The family court had rejected this application of the husband, against which the husband appealed in the High Court.![]()
The husband argued that while seeking maintenance under section 125 of CrPC, the wife had declared her income wrong. At one place the wife reported her husband’s income as ₹ 80,000, while at another place she reported her husband’s income as ₹ 1,25,000. Whereas according to her husband, her real monthly income is only ₹ 11,000. The husband had demanded that action be taken against the wife under sections of the BNS Act for giving false information.![]()
The wife’s lawyer argued in the court, "The husband is a lawyer with long experience and is hiding his real income. He also has income from farming and rent, which he has not disclosed. The family court has to decide the real income of the husband on the basis of evidence."![]()
Allahabad High Court investigated the matter in depth. The court said that the purpose of Section 340 of CrPC (now Section 379 of BNSS) is to protect the legal process from false complaints. Perjury should be prosecuted only when the statement is knowingly false and is likely to result in punishment. The court warned that the courts should not be used for personal enmity or revenge.![]()
The High Court said that the decision on the real income of the husband is yet to be taken in the family court. Therefore, there is no need to take any action against the wife at this stage.![]()
The High Court made it clear that a criminal case cannot be initiated against the wife merely on the basis that she has exaggerated the husband’s income. The court upheld the decision of the family court and rejected the husband’s appeal.
