dishonest claim of wife

Querist : Anonymous (Querist) 09 December 2010 This query is : Resolved
wife has given statement on oath that husband is earning rs. 35000/- per month and has taxable income,with the monthly demand of rs. 10000/- p.m.

however husband has his income tax returns showing net taxable income below rs. 100000/- per annuam.

whether the statement given on oath by wife will be charged under section 209 for dishonest claim with perjury with sect 200 of ipc which the statement which has been attempted to be used in judicial proceedings? both the sections reproduced below
Section 200. Using as true such declaration knowing it to be false

Whoever corruptly uses or attempts to use as true any such declaration, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.

Explanation-A declaration which is inadmissible merely upon the ground of some informality, is a declaration within the meaning of sections 199 to 200.

Section 209. Dishonestly making false claim in Court

Whoever fraudulently or dishonestly, or with intent to injure or any person, makes in a Court of Justice any claim which he knows to be false, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.

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Adv. Satyendra kumar chauhan (Expert) 09 December 2010
For punishing u/s 209 it is essential that person who has falsely claimed {remember false claim in court i.e. filing a suit which is false} should have knowledge of this information as a false information and his object must also be to defraud to cause wrongful loss or wrongful gain. Now if the above mentioned women has filed a claim in court then only she is liable to be punished u/s 209 but surely she may get conviction u/s 200 as this section demands only false declaration(note-false declaration of which one is aware it is false).

Khaleel Ahmed Mohammed (Expert) 09 December 2010
Well advised.

Devajyoti Barman (Expert) 09 December 2010
Thouh the husband can file such case but the statements on oath without knwoing the truth may help her to get out unscathed.

Devajyoti Barman (Expert) 09 December 2010
To succeed the husband will have to proe that the wife knew the correct facts very well but she willingly made those false statements.

s.subramanian (Expert) 09 December 2010
yes.

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