Sample Perjury (340 CrPC) application in Maintenance case

IN THE COURT OF LD. JUDICIAL MAGISTRATE, F.C. BADLAPUR

MISC. CRL. CASE NO. 420 / 2018.
In the matter of: –
Mrs. Mohini …Petitioner
Versus
Shri Ravan & Ors. …Respondents.
APPLICATION U/S 340 CR.P.C. PREFERRED ON BEHALF OF
RESPONDENTS AGAINST PETITIONER
Most Respectfully Showeth as under: –
That the petitioner has filed the present case before this Hon’ble
Court for grant of interim maintenance under Section 23 of the
Protection of Women from Domestic Violence Act, 2005 against
the respondents.
That the petitioner in her Domestic Violence Case, specifically
pleaded that she was not working and she is depend on her
parents for survival and for daily needs. Even, this Hon’ble Court,
while granting interim maintenance, vide its order dated
9.3.2016, to the tune of Rs. 5,000/- per month in favour of
petitioner, also of the similar view, relevant extract of [para 14 of
order] which for the ready perusal of this Hon’ble Court is
reproduced as under: –
“14. Now, the question of interim maintenance arise. As per
applicant she is depend on her parents…..”

It is respectfully submitted that though the petitioner has

specifically pleaded before this Hon’ble Court, by way of her
Domestic Violence Petition, that she was not working, she
recently before the Hon’ble High Court, has come up and taken
the plea that she is working and disclosed about her
employment. Not only that, even the petitioner after much
belated stage, after aforesaid disclosure about her employment
before the Hon’ble High Court, has now filed an application for
amendment before this Hon’ble Court (which is listed for disposal
on 13.3.2018), whereby, she is trying to amend her Domestic
Violence Case (after grant of maintenance) pleadings, thereby
very conveniently, trying to amend the pleadings about her
employment, that too, after much belated stage, which
suppression of facts by the petitioner, clearly shows that while
filing the Domestic Violence Petition alongwith her affidavit, she
has given wrong information on oath in her affidavit and has
suppressed the material factum about her employment, just to
gain the unjust enrichment from the respondents and grant of
interim maintenance in her favour anyhow. Copies of
Petition/Application, wherein petitioner has disclosed about her
employment, is annexed herewith and marked as Annexure A-1.
That it is relevant to state here that petitioner in her Domestic
Violence Case and Affidavit filed before this Hon’ble Court,
specifically, on oath, stated/pleaded and re-affirmed her facts
regarding her not earning and depending on her parents for
survival (which had already been pleaded in her case) which, with
due respect are totally false and incorrect as at that particular
period also, she has been working, for which several plethora of
documents have already been filed by the respondents, however,
at that relevant time, this Hon’ble Court has ignored to take into
consideration such documents with observation that same shall
be subjected to consideration after adducing of evidence by the
parties with further view that same are photocopies only,
authenticity of which can be adduced further after evidence. It is
further respectfully submitted that now from the pleadings of the
petitioner pleaded in her amendment application (seeking
amendment of DV case) relating to her employment, it stands
crystal clear that it is only to avoid from the contempt and
perjury in the form of Section 340 Cr.P.C. she has now
pleaded/sought amendment of pleadings with respect to her
“employment”, which stand of the petitioner, clearly shows
about her conduct and suppression of material facts,
pleaded/asserted at the time of grant of interim maintenance.
Moreover, from her pleadings of employment, it is crystal clear
that she has given the wrong information and filed false affidavit,
on oath, alongwith DV Case before this Hon’ble Court. Thus, by
giving/filing false affidavit/evidence, on oath, before this Hon’ble
Court regarding her employment, petitioner has committed
offences (relating to documents given in evidence as per Section
195 (b) (i) of Cr.P.C.) under Sections 191, 193, 196, 200 of the
Indian Penal Code, which led to filing of present application by
the respondent before this Hon’ble Court u/s 340 Cr.P.C. for
initiating an inquiry against the petitioner for the offences
referred to in Clause (b) of sub-section (1) of Section 195 Cr.P.C.
for consideration by this Hon’ble Court as the petitioner, on oath,
has given false facts/evidence regarding her employment.
Further, the respondents are also filing some authentic
documents taken from the Internet, showing her employment
status [linked in profile] as “Credit Manager” with HDB Financial
Services Limited (a Subsidiary Company of HDFC Bank]; her EPFO
status, her salary account number ____________________, her
PAN Card Details, Copy of FORM 26 AS, are annexed herewith
and marked as Annexure A-2.
It is further respectfully submitted that even the Hon’ble
Supreme Court in a well known dictum rendered by a three
bench judgment reported in (2002) 1 SCC 253, titled, Pritish Vs.
State of Maharashtra and Ors. And the Gujarat High Court cases
has deprecated the practices adopted by the wife claiming
maintenance from husband but suppressing her own income and
initiation of criminal prosecution against the wife on such
suppression of material facts and giving wrong information on
oath before the Courts. Relevant judgments shall be dealt with
and produced at the time of hearing of the present application.

Thus, from the aforesaid submissions, it is crystal clear that

petitioner in the Domestic Violence Petition as well as in her
affidavit [filed in support of DV Case] has asserted/pleaded wrong
facts regarding her employment and suppressed the material
facts relating to her employment, to anyhow gain the unjust
enrichment from the respondents and to anyhow obtain the
interim order for maintenance, thus, which fact clearly shows
beyond doubt the conduct of the petitioner, with further
clarification that she has not approached with clean hands before
this Hon’ble Court and has made perjury by filing the
petition/affidavit, on oath, by giving wrong information, which
attracts penal provisions of Section 340 Cr.P.C., whereby and
thereby, it is humbly prayed that this Hon’ble Court may initiate
an enquiry for the offences committed by the petitioner referred
to in Clause (b) of sub-section (1) of Section 195 of the Indian
Penal Code.
The present application is made bonafide and in the interest of
justice.
PRAYER
It is, therefore, most respectfully prayed that this Hon’ble Court
may kindly be pleased to:
allow the present application, thereby initiating an enquiry for
the offences committed by the petitioner referred to in Clause (b)
of sub-section (1) of Section 195 of the Indian Penal Code;

pass such other or further orders as this Hon’ble Court may deem
fit and proper in the facts and circumstances of the case in hand.
RESPONDENT
THROUGH
( )
Advocate for the respondent
Filed on 12.3.18