Maintenance case 125 crpc - affidavit and documents - query - urgent

Bring the notice of false affidavit to the court. If a court has ordered any party to file an affidavit, then filing a false affidavit in such a case is punishable as per Section 2(c) of the Contempt of the Courts Act,1971. Punishment for filing a false affidavit is punishable by imprisonment for a term ranging from 3 to 7 years

1st affidavit will be considered. what he had said in the 3rd affidavit will not be considered because he will be estopped. if you could show the evidence of the documents regarding to the hidden property, tax receipt, bank balance, transaction history, and salary certificate etc. If he says he only earnd 5k per month, then the clothes he's wearing can be taken as evidence. Since a 5k salaried person cannot wear an expensive cloth?

If you have any evidence to prove that pleading is false and vexatious then you can move an application under section 340 of the Code of the Criminal Procedure and invite the attention of the court towards false statements made in the pleading. If the court finds that statements are false and have been deliberately made with the intention to mislead the court or get any favourable order by keeping the court in dark then the court will initiate criminal proceeding against him for the offence of perjury which is punishable under Section 193 to 199 of the Indian Penal Code. 

In Ranjeet Singh vs. State of Pepsu AIR 1959 SC 843 the accused, a police officer, was called upon to make a statement against an application under Article 226 of the Constitution for a writ of habeas corpus in which it was alleged that the accused had illegally detained a man in police custody. In his written (statement), the accused filed an false affidavit denying that the man was never arrested by the police or was in his custody. It was held that the accused was legally bound to place the true facts before the court in his affidavit and since the statements made by him in the affidavit were found to be false, it was held that he has committed the offence under Section 193 IPC for giving false evidence as defined in Section 191 IPC.

Hi Archana,

Thank you for your response, could you please elaborate on the remedy?

Thanks,

Megha

Hi. Megha,

As explained earlier, she can file an application in writing under section 340 against guilty person for submitting false affidavits in proceedings. Due to such effect, Court may give order for initial enquiry, if he finds gulity of that so, will get charge of upto three to seven years of Imprisonment and fine as well in regards to the same. 

Hi, 

Thank you for the detailed response Archana.  

Thank you to all the experts. Really means a lot for the information you all have provided with people like you we can build India we dreamt of thank you once again to all the fellow members really appreciated 

Also, regarding considering of affidavits, only first affidavit will be binding on him.