In a significant development, the Court has ordered initiation of perjury proceedings under Section 340 of the Criminal Procedure Code (CrPC) against a woman for allegedly submitting false income affidavits in a Domestic Violence (DV) case. The decision came after her husband filed an application claiming that she had deliberately concealed vital financial information to mislead the court.
According to the applicant (husband), the wife failed to disclose several critical details including:
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Ownership of multiple immovable properties
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Rental income from at least one property
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Fixed deposits in nationalized banks
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Bank accounts in various institutions
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Demat accounts and stock investments
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Income from mutual funds
The Court noted that these omissions were not accidental but appeared to be deliberate suppression of material facts, especially considering the volume and nature of assets. It was found that the wife had signed a standard income affidavit under oath but failed to provide a true and complete picture of her finances, thereby misleading the Court regarding her financial dependency and entitlement to relief.
The Court observed:
“When a party conceals or suppresses material facts, the judicial process is not only misled but manipulated to serve an unjust advantage.”
The judge concluded that such conduct may attract Section 193 of the Indian Penal Code (giving false evidence) and Section 209 IPC (false claim in court), and therefore ordered the initiation of proceedings under Section 340 CrPC to determine if prosecution is warranted.
This ruling sends a strong message that false affidavits in matrimonial or maintenance disputes will not be tolerated and that parties approaching the court must do so with clean hands.
Read Full Judgement
