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498_final stage (Professional)     15 April 2015

When is a time to file 340 (perjury)

Girl and her mother lied in the court regarding her salary details. Said that the girl is now in Kanpur from last one year. However, I provided the TDS reprorts from Income tax which clearly proves that they have lied in the court.

In the divorce case girl has reduced her age by 3 years. Looks like they have found another innocent to loot.

The girl has been cross examined in DV and Divorce and mine is yet to be done.

I want to know if I can file Perjury based on her lie to grab maintenance. If convicted what would be the max punishment for her?

498a is running in Ghaziabad already and she is summoned there too but not showing up

Kindly advice


 7 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     15 April 2015

Under section 191 of IPC, an affidavit is evidence and a person swearing to a false affidavit is guilty of perjury punishable under Section 193 IPC which prescribes the period of punishment as seven years imprisonment.

498_final stage (Professional)     15 April 2015

Dear Sir,


Thanks a lot for your reply. Does hiding income details with a purpose to extort money come under this law? If I file Perjury would judge really accept it?

N R Dash.. (Advocate)     15 April 2015

Perjury is submitting falsehood under oath knowingly with an ulterier motive. Right time to file for perjury is after cross examination when you establish the falsehood with strong coroborative evidences.

Hardeep (Business)     21 April 2015

Has the lie been brought to the notice of the Court and has been accepted as a fact ? Is it material to the case at hand ?


if you have established both above only then a case for perjury lies, IMHO.


while on the subject, could anyone provide citations to cases on perjury - where it was established, a case proceeded and punishment happened ? 


498_final stage (Professional)     20 May 2015

Hi Hardeep,

Yes we are going to brought this to the court by filing 340. The girl and her mother lied regarding her regular job where she is making about 75K a month. And she is asking me for 50K in interim maintenance.

I brought her income tax details to the court.

richardjohnson   20 May 2015

In order to make a person liable for perjury it is necessary that he should have made a statement on oath regarding the facts on which his statement was based and then deny those facts on oath on a subsequent occasion.

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     01 June 2015

Since you have already gave in written to court that she is earning.

Now if u do not go on 2-3 dates & then judge passes IM & your wife who is present there & does not deny it then after passage of that IM your case of perjury against your wife will become strong. Your case will also become strong against the judge who will now be said top have discrinated between the genders without having gone through the merits. (Give the hint regarding the judge to Reg/Vig/HC in case u feel him to be biased but it is necessary to give that info to reg vig before arguments & not after that. DO NOT ASK FOR RECUSAL OF JUDGE.) - After 3 days file RTI to Reg/Vig/HC & just ask for ATR. That's it.


NOW, If the judge passes IM then this proves bias/connivance/graft/favouritism/discrimination


NOW, If the judge passes IM then PERJURY becomes strong against the lady.


Best Wishes



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