• IPC 191- How to file

My wife has categorically stated that she is unemployed and is staying at her parents house to claim maintenance. I was unable to submit any evidence to prove that she was working. As a result court granted her a maintenance of Rs 10000/Month.(Order passed by Family court)
I have appealed in the High court.
Recently i was able to access her IT returns in which it si clearly mentioned that she has been earning Rs 23000/Month as a salary. 
My lawyer says that he would file an additional affidavit in the high court and will be submitting this additional piece of evidence.
Now my question is can i file a petition(Private) u/s 191 & 193 on my wife and her mother for wilfully giving false statement(Both oral and written). If yes to which court should i file this petition. 
Also is there any negative consequence of filing a petition u/s 191 &193?
PS:- A 498A case is pending one me and it has come to trail process. My wife is demanding huge amount of money for settlement. My only intention is to file a counter case and then use this as a leverage it to lower the settlement amount.
Asked 7 years ago in Criminal Law
Religion: Hindu

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4 Answers

Section 191 of Indian Penal Code declares that when a person, who is under legal obligation, either on oath or under any provision of law, to state the truth, to declare upon any subject, knowingly makes false statement, the statement which he believes that it is false or he believes that it is not true, commits the offence under this section.

The punishment for this offence is imprisonment which may extend to Seven years, and will also be fined.

Offence under this section is a special kind of offence and FIR or private complaint cannot be made against the person who is alleged to have committed this offence. The remedy is to prefer an Application u/s 340 r/w 195 of CrPC, 1973, before the Magistrates Court having jurisdiction

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

Since false statement is made before family court file application before the family court

2) your lawyer will do the needful

3) there would be no negative consequences since wife has deliberately made false statement on oath

4) it is well settled law that litigant who does not come to court with clean hands is not entitled to any reliefs

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

Firstly you should prove before court that she has perjured the court by submitting false statements for availing wrongful gains.

After that you can file a perjury case against her in the trial court under section 340 cr.p.c.

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

You can file the perjury case in the same court where she has sought the maintenance amount from you on the basis of false information.

Dont worry about the negative consequences.

It is already because of negative attitude that she has dragged you to court of law, so come what may, you can proceed as decided.

Keep in touch with your lawyer on all such further issues.

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

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