Allahabad High Court Imposes ₹15 Lakh Costs On Husband For Filing False Affidavits In Maintenance Case Against Wife

The Allahabad High Court has imposed cost of Rs. 15 lakhs on a husband who filed false affidavits in his application under Section 144 BNSS seeking maintenance from his wife who is employed in the High Court. Noting that the husband had forced the wife in government job to take loan twice and transferred the loan amount to himself, was himself working as an advocate while claiming to be unemployed, and filed false affidavits before the Court regarding his income, Justice Vinod Diwakar held,“this Court is of the considered opinion that the present petition under Article 227 of the Constitution of India lacks bona-fides and does not warrant exercise of supervisory jurisdiction vests with this Court. Accordingly, the equity demands the present petition is dismissed with the compensatory cost of Rs.15,00,000/- to be given to the respondent- wife within six weeks from today by way of demand draft.”The Court observed,“Economic abuse within marriage operates in insidious ways-through control over income, coercive appropriation of assets, and the gradual erosion of financial independence. The aggrieved spouse, often acting in good faith and with the expectation of marital stability, may tolerate such conduct until the harm becomes irreversible. In such circumstances, limiting compensatory costs to direct financial loss fails to capture the full extent of the injustice.”Petitioner-husband filed an application seeking maintenance from respondent-wife claiming that he was unemployed and dependent on the wife's income. Marital cruelty by wife was alleged by the husband in his affidavit. It was also pleaded that the wife had filed false FIRs against him and he was taking money from his friends and family for sustenance. Petitioner approached the High Court for expediting the proceedings before the Trial Court.Counsel for respondent wife submitted that the husband was enrolled with the UP Bar Council and is attached to a lawyer's chamber. It was also pleaded that he is involved in construction business. His mother was a Gram Pradhan and uncle was an MP, and the petitioner is living a lavish life.It was also pleaded that the two loans amounted to more than Rs. 25 lakhs and the wife is still repaying the loan from her salary. It was also pleaded that the husband had run-off with the wife's jewellery and car which she had purchased from her own funds. The Court appointed an amicus, who pointed out that the petitioner was in a habit of misleading courts by filing false affidavits.Perusing various affidavits filed by the petitioner in different proceedings, his income tax return, salary statement of the wife, the Court observed that the petitioner had concealed his material income from the Family Court as well as the High Court. It also observed that petition to expedite was filed soon after fling the maintenance case. Further, after interacting with the parties, the Court observed that the wife's demeanor showed that she had been mentally and physically abused by the husband. It noted that the maintenance proceedings had been stayed by the High Court itself in a Transfer Application filed the wife for transfer of case to Prayagraj. “The High Court is not a window shopping forum, and the petitioner has approached this Court numerous times with incorrect and misleading facts and swearing false affidavits in support of the petitions and applications. The conduct of the petitioner in suppressing material facts and pursuing parallel remedies, while seeking equitable relief, disentitles him from any indulgence by this Court.”Further, the Court observed,“A young professional woman, who, after qualifying for the competitive exam, secures a government job, and whose financial and personal resources have been systematically depleted by her husband, may initially endure such deprivation in the expectation that the marital relationship will eventually stabilize and fulfill its intended purpose of mutual support. However, where this expectation is frustrated, and the relationship instead becomes a vehicle for sustained economic and emotional exploitation, the law cannot remain indifferent.”It held that compensation in such cases must be corrective measure and not merely punitive as marriage is not a license to exploit partner but carry out the partnership with good faith, equity and mutual obligations. “Courts must therefore move beyond viewing marriage as a private sphere insulated from rigorous legal scrutiny. Instead, they should recognize that power imbalances within marriage can give rise to legally cognizable harm. By expanding the scope of remedies to include compensatory and restitutionary elements, the law can better address the full spectrum of injury suffered by the aggrieved spouse. Such an evolution would not undermine the institution of marriage; rather, it would reinforce its foundational values by ensuring that it cannot be misused as a tool for exploitation.”Accordingly, dealing with the false affidavits filed by the...

Allahabad High Court Imposes ₹15 Lakh Costs On Husband For Filing False Affidavits In Maintenance Case Against Wife

Upasna Agrawal

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Allahabad High Court Imposes ₹15 Lakh Costs On Husband For Filing False Affidavits In Maintenance Case Against Wife

Upasna Agrawal

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INR 1099+GST

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