High Court orders Probe against Woman, Who Misled Court for Maintenance

Observing that any attempt to "pollute" the system of justice will be dealt with iron rod, the Bombay HC recently ordered stringent action against a woman, who misled the Akola Family Court while seeking maintenance from her estranged husband. The High Court has also set aside the orders of the Family Court, which granted Rs. 10,000 maintenance to her.

A bench of Justice Rohit Deo was "disturbed" to note the conduct of a woman, who suppressed information pertaining to her employment.

The bench was dealing with the plea filed by a man challenging the Family court orders to pay monthly maintenance to his wife. The man argued that his wife didn't inform the court that she was employed with a bank & was earning more than Rs. 11,000.

Having considered the material on record, Justice Deo said, "The facts which have come to the fore are extremely disturbing. It is irrefutable, that the wife brazenly lied on oath & that she suppressed material facts. She was employed & yet chose to make a false statement on oath that she has no source of income."

"Unfortunately, the Family court brushed under the carpet the contention of the husband that the order of maintenance is vitiated by suppression of material facts, which suppression is tainted with fraud," the bench said.

The bench noted that the wife indeed had a secured job, which she didn't disclose while seeking maintenance. The bench accordingly, gave an opportunity to the wife to express remorse & give up the maintenance as ordered (of Rs.10,000). However, the wife refused to file any such affidavit despite accepting that she was employed.

Irked over her conduct, Justice Deo said, "The falsehood appears to be deliberate & the subversion of the course of justice done in a cold & calculated manner."

"Unfortunately, when the false statements were brought to the notice of the Family court & it was requested that the order of maintenance be recalled, it brushed aside the extremely serious matter under the carpet. Let it be clatified, any attempt to pollute the stream of justice must be dealt with an iron hand," Justice Deo said, adding, "This court isn't inclined to commit the same mistake."

The bench accordingly ordered probe against the wife & also recalled the maintenance orders.

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