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ALEXANDER THOMAS, C. S. SUDHA
Rithu Maria Joy, D/o. Joy – Appellant
Versus
Shejoy Varghese, S/o. Varghese – Respondent
JUDGMENT :
C.S.SUDHA, J.
This appeal under Section 341 Cr.P.C. has been filed by the sole accused in C.C.No.196/2020 on the file of the Judicial First Class Magistrate Court-I, Muvattupuzha. The said case has been taken on file on the basis of Annexure A3 Complaint of the Sheristadar, Family Court, Muvattupuzha, which in turn is on the basis of Annexure A2 order dated 24/07/2019 in M.P.No.211/2016 in M.C.No.109/2015 on the file of the Family Court, Muvattupuzha.
2. The appellant/accused filed M.C.No.109/2015 seeking maintenance under Section 125 Cr.P.C. against her estranged husband/respondent. In the said case, while the appellant was examined as PW1, she was asked in the cross examination as to whether she was employed as a doctor in a clinic and earning salary. The appellant answered in the negative and claimed to have no means to maintain herself. The proprietor of 'Doctor 32', Kakkanad, namely, RW2, was examined by the respondent/husband to disprove her case. RW2 in her examination deposed that the appellant herein is working in her clinic as a trainee and that she is being paid an amount of Rs.4,000/-monthly as stipend. The respondent/husband then filed M.P.No.211/2016 contendin
Prosecution for perjury in matrimonial disputes requires clear evidence of deliberate falsehood and must be deemed expedient in the interest of justice.
Judicial discretion under Section 340 of the CrPC requires significant evidence of falsehood and must not serve personal grievances, but rather ensure expedience in justice.
Prosecution for perjury under Section 340 Cr.P.C. requires prima facie evidence and expediency in the interest of justice, particularly when considering delays and motivations behind complaints.
The court ruled that initiating perjury proceedings under Section 340 Cr.P.C requires clear evidence of falsehood that impacts judicial proceedings, not mere inaccuracies.
The court's control over offences related to false evidence and public justice, and the necessity of a preliminary enquiry to determine the expediency of prosecution in the interest of justice.
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