Family court

software engineer

homemaker

Pune family court judge

Palshingkar

deputy registrar

women

lawyer

Eknath Sugaonkar

LAWYERS TO FILE PIL OVER CHILD CUSTODY

Family Court Lawyers Association

Bombay

Rakhee Balpande

Chaitanya

Suchitra Raje

In a rare order that could have a bearing on hundreds of cases related to marital dispute, a 33-yearold software engineer from the city’s Maharshi Nagar area — who lied under oath to receive maintenance from her estranged husband — will have to face a major penalty for ‘perjury’.P Lordered the court administration to file an FIR against her recently. For, despite earning more than Rs 9 lakh per annum, she had informed the court that she was a homemaker and, therefore, liable to get alimony.The court had earlier ordered the husband to pay her Rs 8,000 per month as alimony. When the husband (37), who is also a techie, came to know about it, he complained to the court with evidences like her salary slip and CTC figure. Palshingkar noted that there was enough evidence against the woman to prosecute her and directed the court’sto file a complaint under sections 191 and 193 of the IPC for concealing her monthly income even as she sought maintenance from her husband. If convicted, she faces a jail term of up to three years, apart from a fine.The couple married in 2007, has adaughter. After two years, they began quarrelling over domestic issues. In 2012, the woman issued a divorce notice and filed a petition in the family court, alleging cruelty and physical assault. She had also claimed that he is addicted and has illicit relationships with several other. The husband had also lodged a counter-complaint, saying that the wife would torture him and was maligning his image by resorting to such allegations.Meanwhile, even as their divorce petition was being heard, she asked the court for a monthly alimony of over Rs 50,000. In support of her claim, she had asked for Rs 30,000 for herself and Rs 20,000 for her four-year-old daughter in 2014. The woman filed an affidavit, claiming she had no other source of income and needed interim alimony to survive along with her daughter. Considering her request, the court ordered the husband to pay a monthly alimony of Rs 5,000 to the daughter and Rs 3,000 to her in January this year.The husband then filed a plea against the court’s interim maintenance order, saying that his wife has committed perjury. He claimed that she was highly educated and was employed at a software company, getting a Rs 8.20 lakh annual package. He filed an application through his, in July this year, seeking action for perjury. He also sought a review of the maintenance order passed in the woman’s favour. After going through the documents he had provided as evidence, the court concluded that the woman had lied about her employment and ordered a cancellation of the interim maintenance order. It also issued a show-cause notice, asking her for clarifications. The woman then filed a reply, which was found unsatisfactory.While granting the application, the court also considered the woman’s deposition before the court during crossexamination, where she confessed about her present job and income.Sugaonkar said, “The woman had filed a case of domestic violence against the husband, mentioning her present job and salary income. We investigated the details and found that the woman held a good post and earned enough to look after herself and her daughter.” Sugaonkar added that this is a rare judgment and a warning for those who file false affidavits by taking advantage of the court’s lenient approach towards women.Members of thedecided to file a public interest litigation (PIL) before thehigh court (HC) regarding theissue and the tragic death of her 13-year-old son,, on Saturday. The lawyers have begun gathering the information from various people who have suffered in custodial tussle in family courts. The PIL will seek an order from the HC to issue guidelines to parents, lawyers, family court judges and psychologists on how to deal with the sensitive issue of child custody and avoid the child’s exploitation.Speaking to Mirror, advocatesaid, “We are expecting cases studies from other victims of custodial battles to make our plea strong before the HC. We are willing to make them applicants in our PIL. The present system is discriminatory and the tradition to give a child’s custody to women has created several social problems. The other side is neglected, which we would highlight in our PIL. People who are willing to work on the issue may contact the association to be part of the PIL.”