RITU Vs. SANDEEP SINGH SANGWAN

JUDGEMENT

(1.) The present revision petition has been filed against the order dtd. 13/10/2021 wherein the Court of Additional Principal Judge (Family Court), Ambala has ordered that it would be expedient in the interest of justice that an inquiry should be made against the petitioner(respondent no.l before the Family Court) into an offence under Sec. 191 IPC punishable under Sec. 193 and a separate complaint in this regard has been ordered to be sent by the court to the court of learned CJM, Ambala.

(2.) The brief facts of the case are that petitioner no.l-wife and respondent were married on 24/3/2010 at Ambala city and a female child was born from the wedlock. In June 2017, the petitioner moved a complaint against the respondent and his family members under Ss. 498, 406, 506 and 312 IPC. The petitioner also filed an application under Sec. 125 Cr.PC on 26/7/2017 and an application for interim maintenance and in both she stated that she has no source of income or property and was unable to support herself. During her deposition she maintained the same stand of having no income but she was confronted with the record relating to her job and she admitted that she was working as an Assistant Professor in Chitkara University, Rajpura on a monthly salary of Rs. 28,000.00 per month. The petitioner joined on 3/7/2017 whereas she had moved an application under Sec. 125 Cr.PC on 26/7/2017 where she had stated that she does not have any source of income or property to support herself or her daughter. Thus, it was contended by the respondent-husband that she had deliberately and intentionally given wrong information to the court in order to grab the maintenance and harass him. He further contended that she was well educated being/employed as an Assistant Professor with a salary of Rs. 28,000.00 per month which was sufficient to maintain herself and their child. He stated that it was the foremost duty of the parties to tell the truth so that the Court can reach a conclusion as to whether the amount claimed as maintenance by the wife was to be paid or not. The fact that she had not disclosed information that she was earning Rs. 28,000.00 per month and also had NSC of Rs. 30,000.00 and Rs. l Lakh in her PF Account, inquiry ought to be made and proceedings initiated against her under Sec. 340 Cr.PC. He had further stated that his wife had received an interim maintenance from him to the tune of Rs. 10,000/- on 6/5/2019 knowing fully well she was not entitled to maintenance as she had obtained that order by making false statement. He thus claimed that an FIR should be registered under Sec. 191 to 195 IPC against her.

(3.) The respondent proved documents Ex.A-1 to A-14 to supporthis contention. He was examined as AW-1 where he narrated the fact leading upto the filing of the petition under Sec. 125 Cr.PC as also the details of the finances of the petitioner-wife which had not been disclosed to the court.