Legal Question in Family Law in India
what�s the punishment
dear lawyers,
my wife filed a maintenance
application along with her objection
in response to my divorce
application,in which she has
claimed to be unemployed and
totally dependent and a burden on
her parents due to which I
appointed a detective to get some
proofs,one proof which I got is that
the lady is doubly employed on a
false and fictious alias,this proof
has made me wonder that, is it so
easy for a person to give false
applications/affidavits in court and
take the whole world for a royal
ride? Or does the law have any
punishments for such attempts ?
6 Answers from Attorneys
Re: what�s the punishment
if you have proof you can file case for perjury against her
Re: what�s the punishment
Filing a false affidavit or making some wrong statement in some judicial proceeding is definitely an offence and is punishable. When an offence of the nature as referred in Section 195 CrPC appaear to have been committed in relation to proceeding in a court by any person, such court under Section 340 CrPC can initiate a criminal case against such person. "Giving false evidence" is defined in Section 191 IPC. "Fabricating false evidence" is defined in Section 192 IPC. Both these offences are punishable, under Section 193 IPC, with upto 7 years imprisonment. No person can be allowed to take the law so lightly so as to file such brazenly false statements/affidavit. Though the law of perjury in India is not as strong as in developed countries, but still there are provisions in law, as mentioned above, to take care of such situation. For more information regarding procedure under criminal law, you may kindly refer to my Book "COURTS POLICE AUTHORITIES & COMMON MAN". www.sunilgoel.org
Re: what�s the punishment
You may consider making payment of maintenance allowance as may be determined by the court.
Re: what�s the punishment
in case you have the proof that your wife is employed and she filed false affidavits in courts claiming to be unemployed, she can be held guilty of perjury and can also be imprisoned. file an application u/s 340 of criminal procedure code in the petition filed by you.
Re: what�s the punishment
Proceedings under section 340 of Cr.P.C.can be launched immediately against her,if false affidavits have been filed by her.
These are punishable offences.
Re: what�s the punishment
she may not be entitled to maintenance and she can be booked for perjury.