HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 975 of 2025 Court No. - 85 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard learned counsel for the petitioner, learned AGA for the State and perused the record. 2. The instant petitioner under Article 227 of the Constitution of India has been filed seeking the following relief:- "(i) Issue an order or direction in an appropriate nature setting aside the impugned order dated 08.10.2024 passed by Additional Principal Judge, Family Court, Court No.3, Kanpur Nagar in Misc. Case No.830 of 2024 (Nitin Jalan Vs. Preeti Jalan) under Section 340 Cr.P.C. (Annexure No.1 to the petition) with all its consequential effects." 3. Briefly stated, that the marriage of the petitioner was solemnized with the respondent Preeti Jalan on 01.12.2009. Due to estranged relationship, the petitioner filed a divorce case under Section 13 of the Hindu Marriage Act, 1955 on 07.10.2020 as Case No. 1414 of 2020 (Nitin Jalan v. Smt. Preeti Jalan) in the Court of Principal Judge, Family Court, Kanpur Nagar. Consequently, the respondent-wife filed a maintenance application under Section 24 of the Hindu Marriage Act, 1955 supported with an affidavit dated 21.03.2022 stating that she had no source of income though, in fact, she was working on the post of teacher in U.P. Kiraya School and was earning a monthly salary of Rs. 12,885/-. 4. However, the respondent-wife filed a supplementary affidavit on 06.08.2022 disclosing the correct facts and accordingly, the application under Section 24 of the Hindu Marriage Act, 1955 was decided on the Versus Counsel for Petitioner(s) : Bal Ram Gupta Counsel for Respondent(s) : Nitin Jalan .....Petitioner(s) Preeti Jalan .....Respondent(s) basis of corrected facts. 5. When the petitioner came to know that a false affidavit has been filed by respondent wife, an application under Section 340 Cr.P.C., was moved against the respondent-wife on 06.03.2024 seeking permission from the Court to file a complaint of perjury against her. 6. It has been contended by learned counsel for the petitioner that the learned Court below did not appreciate the correct facts and had illegally and arbitrarily rejected the application of the petitioner moved under Section 340 Cr.P.C., vide impugned order dated 08.10.2024. 7. Upon hearing learned counsel for the parties and from perusal of the records, it transpires that the petitioner moved an application dated 06.03.2024 under Section 340 Cr.P.C., stating that the respondent-wife gave a false affidavit dated 21.03.2022 in her maintenance application moved under Section 24 of the Hindu Marriage Act, 1955 disclosing that she had no source of income, though, in fact the respondent-wife was serving as a teacher in U.P. Kiraya School and was earning a monthly income of Rs. 12,885/-. The respondent-wife subsequently, moved a supplementary-affidavit dated 06.08.2022 disclosing the correct facts which were brought to the knowledge of the Court. Learned Magistrate after considering the correct had decided the application under Section 24 of the Hindu Marriage Act, 1955. Therefore, there was no occasion to proceed under Section 340 Cr.P.C. Hence, there is no illegality in the order impugned and matter requires no interference. 8. Accordingly, the petition is dismissed. August 7, 2025 Aditya Tripathi A227 No. 975 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad