RK 21 December 2017

Perjury for lying to obtain interim maintenance

In a DV case, the wife has obtained an interim maintenance order claiming she has no source of income. She has gone on record through affidavit that she has no source of income. The Magistrate has taken that into consideration and ordered execution proceedings against me. However, in two other applications she filed, one each in Sessions Court and High Court, she has claimed her working status as Service. Could her affidavit in Sessions Court and High Court be used against her to stop interim maintenance and initiate perjury. The Magistrate court is not initiating trial on the pretext of collection of arrears on interim maintenance. Please advise if the stage is ripe for initiating perjury against the wife for having concealed her true working status (that she herself contradicts through her own affidavit in other courts)? Thanks much. RK

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Vijay Raj Mahajan (Advocate) 21 December 2017

Pay the arrears due of the maintenance allowed to her and file application under section 340 Cr.P.C for the Judicial Magistrate to initiate proceedings for perjury against your wife.

The chance that mere mention by the wife in her affidavits working status as "Service" which were filled in Session Court and High Court and affidavit filled in JMIC court as has no source of income can always be explained by her by stating that her present source of income is nill as she is not working now, whereas at the time the affidavits those were filled in two other courts she was in service.

Rest it is the court to decide the application u/s 340 Cr.P.C.

RK 21 December 2017

Thank you sir for the response. From your note, I understand there is no issue regarding the stage for filing perjury at this time. As for the possibility of her changing her stance about working earlier and then quitting the job, I am aware that could be a ploy but I have other documents to prove otherwise. For sake of brevity, I did not bring forth all that content here. Once again, thank you so much for the response.