Shiva Kant Dubey vs. State of U.P. & Another, 2026
It strengthens the position that family court matters, particularly income disputes in maintenance cases, should primarily be resolved through evidence and civil adjudication, not criminal law.
Judgement Details
Court
Allahabad High Court
Date of Decision
30 March 2026
Judges
Justice Raj Beer Singh
Citation
Acts / Provisions
Section 13(1)(ia), Hindu Marriage Act, 1955
Section 25, Hindu Marriage Act, 1955
Facts of the Case
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The husband filed an appeal challenging the family court’s rejection of his application to initiate proceedings against his wife for allegedly inflating his income in maintenance proceedings under Section 125 CrPC.
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The wife had claimed in her affidavit that the husband’s income was Rs. 80,000 to Rs. 1,25,000 per month, while the husband contended that his actual income was Rs. 11,000.
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Husband alleged that the wife’s false statements amounted to offences under Sections 211, 213, 222, 232 BNS, and sought prosecution under Section 340 CrPC/379 BNS.
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The wife argued that the husband, an advocate, was concealing income sources like agricultural and rental income, and that the actual income would be determined by the Family Court based on evidence.
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The High Court considered whether the exaggeration in maintenance proceedings warranted initiating a criminal prosecution for perjury.
Issues
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Whether exaggeration of a husband’s income in maintenance proceedings automatically warrants initiation of perjury proceedings under Section 340 CrPC?
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Whether a court is bound to initiate prosecution under Section 340 CrPC whenever a false statement is made in a maintenance case?
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Whether prosecuting a wife for alleged exaggeration of income without assessing the material impact on the administration of justice amounts to abuse of process of law?
Held
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Exaggeration of a husband’s income by a wife in maintenance proceedings does not automatically attract perjury proceedings under Section 340 CrPC.
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Courts should exercise discretion to avoid being instruments of private vendetta and initiate prosecution only where expedient in the interest of justice.
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Criminal appeal dismissed; no perjury proceedings to be initiated against the wife.
Analysis
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Reinforces judicial caution in balancing perjury prosecution and matrimonial disputes.
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Confirms that Section 340 CrPC is a discretionary safeguard, not an automatic sanction for alleged false statements.
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Highlights the principle that mere exaggeration without deliberate intent and material impact on justice is insufficient for criminal proceedings.
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Strengthens the position that family court matters, particularly income disputes in maintenance cases, should primarily be resolved through evidence and civil adjudication, not criminal law.
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Mitigates misuse of criminal proceedings as tools of harassment in matrimonial disputes.