False Affidavits in Family Court | Chennai Lawyers
False evidence · Section 340 BNSS

False affidavits: what to do when the other side lies on oath

Concealed income in a maintenance affidavit is the version we see most. The remedy exists, but it is deployed badly more often than not, and a perjury application that fails damages the case that files it.

Quick answer

Giving false evidence on oath is an offence. A court may direct a complaint under the procedure in Section 340 BNSS where it is expedient in the interests of justice.

The threshold is high, and courts prefer to deal with false statements by drawing adverse inferences instead.

Where false statements actually appear

Almost always in the affidavit of assets and income filed in a maintenance application. Salary understated, business income omitted, property held in a relative’s name, a second income not disclosed at all.

Also common: false allegations of cruelty or violence, denial of a marriage or of cohabitation, and false statements about the child’s circumstances in a custody dispute. Each is met differently, and only some of them are worth a perjury application.

The realistic remedies, in order of usefulness

A perjury application is rarely the most effective tool, and is almost never the first one.

Adverse inference. The most practical outcome. Where a party is shown to have concealed income, the court can fix maintenance on what it infers rather than what was declared: which usually gets you the result you actually wanted.Cross-examination. Exposing the contradiction directly, on the record, in front of the judge deciding everything else in the case.Discovery and disclosure. Applications for bank statements, tax returns and property records, so the concealment is proved by documents rather than argument.Section 340 BNSS application. A request that the court itself direct a complaint. Reserved for clear, deliberate and material falsehoods.
The court decides whether to act, not you. A private complaint for perjury in respect of statements made in court proceedings generally requires the court’s own direction, which is why the application is addressed to the court rather than filed independently.

The strategic caution

Family court judges see exaggeration on both sides constantly. An aggressive perjury application over a minor discrepancy signals that a party is litigating for its own sake, and that impression carries into every other issue in the case.

Our approach is to document the contradiction thoroughly, use it in cross-examination, and press for an adverse inference. Where the falsehood is deliberate, material and provable, concealed income being the clearest example, we will make the application. Where it is not, we get more value from the contradiction than from the complaint.

FAQs

False affidavits: questions

Can I file a perjury case directly against my spouse?+

Generally not for statements made in court proceedings. The route is an application asking the court to direct a complaint, and the court decides whether it is expedient in the interests of justice.

What happens if the court finds income was concealed?+

The most common consequence is that maintenance is fixed on the court’s own assessment of real income rather than the declared figure, and the party’s credibility is damaged across the case.

Is it worth pursuing perjury?+

Sometimes. Where the falsehood is deliberate and material it can be decisive. Where it is a minor inconsistency, the application usually costs more in goodwill than it gains.

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