Perjury in maintenance proceedings

The Indian Penal Code, 1860 defines Perjury in Chapter IX "OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE" under Section 191. The punishment for the offence of Perjury is defined under section 193 of Indian Penal Code, 1860 as SEVEN YEARS of imprisonment. The procedure in dealing with cases mentioned u/s 191 of Indian Penal Code, 1860 are dealt in Chapter XXVI of The Code of Criminal Procedure, 1973 under section 340.

The mere fact that a person has made a contradictory statement in a judicial proceeding is not by itself always sufficient to justify a prosecution under Sections 199 and 200 of the Indian Penal Code (45 of 1860) (hereinafter referred to as "the IPC"); but it must be shown that the defendant has intentionally given a false statement at any stage of the judicial proceedings or fabricated false evidence for the purpose of using the same at any stage of the judicial proceedings.

However, you cannot directly assume that she's lying in her petiton as it is possible that she took up a job as a teacher within a span of the first and the last petition. Thus if you plan on filing a perjury case against her, please find strong evidence that supoorts the fact that she lied in her petition or else you can be sued for defamation and filing a false complaint.

 

Regards,

Anaita Vas

Thank you Anaita.

She has put her bank statement on record. In the bank statement it shows that she was a working lady when she was filing the petition.

It is the discretion of the presiding Judge to decide on either of the application first although ideally as the decision on your application has direct bearing on her application for interim maintenance.Unfortunately there is no viable option legally to compel the court to consider your application first.



Even if the court passes an order on maintenance earlier in time based on her perjurious statements, as perjury will stand established by her own admissions subsequently on documents produced, you can appeal against the order of maintenance to overturn it.


The chances of her application being rejected are high as her lie stands revealed before the court. Your lawyer, in his/her argument must forcefully bring to the notice of the courts what happened following her application for maintenance, so that even though your application is decided later, it can have least consequences. The merits of her application is another factor in the entirety of other attending circumstances of the case.


There is a high chance of your petition succeeding as there are documentary evidence that contradicts her earlier statements on oath.


Generally such perjury applications are not entertained by Indian Courts who take lenient view on such false claims preferred by wives,

You can certainly seek the order on your perjury application what ever it may be and after collecting the adverse order, file an appeal before the higher court,


If the Court lower refuses to give any order on the perjury case and straight way goes to hear maintenance issue, then also you can file a petition before the higher court praying for a direction upon the lower court to first dispose of the perjury case and then hear the maintenance matter,


There is fare chance of her maintenance application getting rejected if it is proved that she has earning of her own to maintain herself