Mumbai: Observing that any attempt to "pollute" the system of justice will be dealt with iron rod, the Bombay High Court recently ordered stringent action against a woman, who misled the Akola Family Court while seeking maintenance from her estranged husband. The HC 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 did not inform the court that she was employed with a bank and 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 and that she suppressed material facts. She was employed and 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 did not disclose while seeking maintenance. The bench accordingly, gave an opportunity to the wife to express remorse and 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 and the subversion of the course of justice done in a cold and calculated manner."
"Unfortunately, when the false statements were brought to the notice of the Family court and 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 is not inclined to commit the same mistake."
The bench accordingly ordered probe against the wife and also recalled the maintenance orders.
