• Remedy for filing a wrong affidavit

My divorce case with my husband is under process in the court for last three years. Around two years back a gave an affidavit of my unemployment to claim maintenance allowance. After giving this affidavit I soon found a job and started working. Now my husband has filed a criminal case against me for filing a wrong affidavit.

What should I do.
Asked 2 years ago in Family Law from Lucknow, Uttar Pradesh
Religion: Hindu
As you said, when you filed the affidavit you were unemployed, but later you got employment and you started working. Since this is a subsequent development, i.e. after you filed the affidavit, you may file a fresh affidavit bringing this fact on record before the family court. The full facts can be narrated to the police/magistrate as the case may be so that you are discharged of the criminal case. don't worry! no case of perjury can be made out against you if the facts stated by you are true.
Tulika Prakash
Advocate, Gurgaon
113 Answers
66 Consultations
5.0 on 5.0
no case of perjury is made out. on date of filing of affidavit you were unemployed. on said basis interim maintenance was awarded.                 
  however when got a job you should have informed court. never conceal facts from court.you can file fresh affidavit enclosing copy of your appointment letter which would clearly show that you were employed subsequently
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
The case will be dismissed at the threshold  as the affidavit portrayed true state of affairs with respect to the date on which it was filed. You gained employment subsequent to the filing of affidavit. Now file a fresh affidavit stating that you have got employment. This will suffice.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
as you were unemployed at the time of filing affiidavit no case is made out against you
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
You have only stated true facts at the time of filing affidavit and the developments happened subsequent to your filing the affidavit.  Hence you need not worry and a fresh affidavit in view of changed circumstances be filed.
Shashidhar S. Sastry
Advocate, Bangalore
1232 Answers
59 Consultations
5.0 on 5.0
There is no case of perjury made out in your facts. At the time of your submitting the affidavit, you were truthfully unemployed however subsequent development can happen in any case. This doesnt mean that some false information has been provided to the court on your behalf.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
there is no case made out against you
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
There is no case of perjury.  No case can be made out against you.
Girish HT
Advocate, Bangalore
21 Answers
2 Consultations
4.7 on 5.0
query is resolved
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
13932 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5154 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
869 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
424 Answers
15 Consultations
4.7 on 5.0
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0