Order to issue bailable warrant against wife for false affidavit and false testimony Order issuing bailable warrant against wife for false affidavit and false testimony

High Court has ordered issuance of bailable warrant against wife Leenaben for giving false affidavit and false testimony before the court to get maintenance amount. The High Court passed the above order after it came to light that Linabane himself was receiving salary from the school and had concealed the fact that he had received the fix deposit amount.

Applied for maintenance
Linaben Maheshbhai Lalwani (Maheshwari) of Palanpur Rajgarhi area got married to Niravbhai Sharda of Ahmedabad on Held on 7-5-2009. After marriage, in December-2012, Linaben was going to his pier. Talks of reconciliation were going on between the parties. But as there was no resolution, on 10-6-2015 Leenaben filed an application for maintenance under Section 125 CrPC in the Court of Chief Judicial Magistrate, Palanpur.

The husband applied to the High Court
In the affidavit submitted with this application, it was stated that they have no means of income. Also, he made a false statement in his deposition at Songad. Her husband Nirav Sharda therefore filed an application under Sections 340 and 195 of the CrPC in the Magistrate’s Court to initiate criminal proceedings against Leenaben for filing a false affidavit and giving false evidence. The court ordered to grant the petition. So Niravbhai appealed to the High Court through advocate Nimish Kapadia. The hearing of which was conducted before Justice Nishaben Thakor of the High Court.

Order to issue ten thousand bailable warrant against wife
Petitioner’s counsel Nimish Kapadia submitted that Linabane was earning a good amount of money in the Magistrate’s Court at that time. As proof of that, the bank statement and details of the salary received by the bank official as well as the school employee were presented before the court. Also, Linaben wrote in her application that her fixed deposit of Rs 50 thousand is with her husband, but Niravbhai admitted that he had received the fixed deposit amount while applying to call the post office employee as a witness. He also admitted that he was getting salary. Taking into consideration the submissions of the petitioner, the High Court decided that the prima facie case against Linaben and hence the appeal filed by Niravbhai should be filed. Also ordered to issue ten thousand rupees bailable warrant against his wife Leenaben.