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 ?


Asked on 5/01/09, 2:03 am

6 Answers from Attorneys

Nandita Haldipur Haldipur Associates

Re: what�s the punishment

if you have proof you can file case for perjury against her

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Answered on 5/03/09, 8:17 am
Sunil Goel S.G. SOLICITORS

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

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Answered on 5/01/09, 2:25 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: what�s the punishment

You may consider making payment of maintenance allowance as may be determined by the court.

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Answered on 5/01/09, 2:29 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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.

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Answered on 5/01/09, 2:30 am
KLA RANU RANU LAW ASSOCIATES

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.

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Answered on 5/01/09, 3:20 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: what�s the punishment

she may not be entitled to maintenance and she can be booked for perjury.

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Answered on 5/07/09, 2:15 am


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