You shouldn’t have filed false affidavit in court. This can attract an offence if perjury against you. 

You have committed perjury 

making false statement on oath is an offence 

submit fresh affidavit and tender an unconditional apology 

Hey.... 

1. It's good that your wife is employed and earning. Recent Delhi High Court Judgment is saying that-

"The Delhi High Court recently held that alimony cannot be awarded to a spouse if he/she is financially self-sufficient and independent. The Court said that permanent alimony is intended as a measure of social justice and not as a tool for enrichment or equalising the financial status of two capable individuals"

2. Don't worry if you write everything honestly and correct in income and assets affidavit , then she can not prove anything.. 

3. If you put something wrong then she can file 340 / perjury against you... 

Apart from this if you need any legal assistance then you may find me here or online.. 

You may please note that furnishing false information on an affidavit in court is a serious offence known as perjury, and simply apologizing is not a solution.

You can think about filing an amended affidavit giving correct information in the new or amended affidavit declaring yor assets and liabilities. 

An affidavit can be challenged on the basis of being misleading or containing false information.

Your wife's challenge could prompt the court to initiate perjury proceedings against you under Section 340 of the Criminal Procedure Code.

If the court determines you knowingly and intentionally filed a false affidavit, you could face criminal prosecution with a potential sentence of up to seven years in jail. 

An "apology" in the context of court is not like a typical apology, instead it is an admission that you made a false statement under oath. 

You may discuss with your advocate and with the leave of court, you mya file a rectified affidavit by withdrawing the previous one.

Yes, you should immediately correct the affidavit and submit a fresh, truthful one with an unconditional apology to the court. Submitting false information under oath can amount to perjury (Section 191, IPC) and affect your credibility in the divorce proceedings. Courts take false affidavits seriously, especially in matrimonial and financial matters.

The best course of action is to inform your lawyer and file an application seeking permission to replace the earlier affidavit with a corrected one, explaining that the error was made under a misguided legal strategy and that you wish to place accurate facts before the court.

This approach will demonstrate good faith and honesty, which can significantly help in avoiding legal consequences and may even earn the court’s leniency. Trying to justify or conceal the earlier statement could worsen your position later.

- Filing an affidavit on wrong information attract offence under section 340 CrPc.

- You can submit to the Court through the lawyer that the said information of Income is a clerical mistake , and you should allow to correct the same. 

- However, if you have joined new job , then you can take plea that at the time of filing the affidavit you was unemployed. 

Dear Client,

In your situation, since the affidavit you submitted contains incorrect information regarding your employment status and income, it is advisable to rectify the error at the earliest to avoid allegations of perjury or misleading the court. The most prudent course of action is to file a fresh affidavit with accurate income details, accompanied by an unconditional written apology explaining that the earlier statement was made under a mistaken understanding of legal advice and not with any intent to mislead the court. This proactive step often helps demonstrate bona fides and respect for the judicial process, thereby minimizing adverse consequences. Avoid waiting for the court to take cognizance, as voluntary correction carries greater credibility. Your lawyer can assist in filing an application to substitute or amend the earlier affidavit. Any attempt to justify or conceal the misstatement may worsen the matter and invite contempt or perjury proceedings under Sections 191–193 of the IPC. I hope this answer helps. For any more queries, do not hesitate to contact us.

1. If it can be easily proved by your wife that you are employed then you have taken wrong step in giving false affidavit.

2. If possible try to negotiate with your employer to show you as sacked/retrenched or have resigned at the time when you had affirmed the affidavit and take the stand that you were unemployed at the time of affirming the said affidavit and not now for which you want to file the affidavit afresh.

That’s a very practical question — and one that needs to be handled very carefully. Let me explain it to you 

What you’ve done, by filing an affidavit declaring yourself unemployed when you are in fact earning, is a serious misstep — because anything stated in an affidavit before a court is treated as being given on oath. If the court later finds that the affidavit contains false statements, it can amount to perjury (filing false evidence under Section 191/193 IPC), and the court may take it very seriously — especially in matrimonial proceedings where financial disclosures go to the heart of alimony and maintenance determinations.

Now, before you panic — this is not the end of the world. Many people, on advice of counsel or misunderstanding, file such affidavits. The important thing is how you correct it and how you present your intent to the court now.

At this stage, your safest and most credible course of action is to come clean voluntarily. You can file an application before the same court — something along the lines of “Application for submission of revised affidavit of assets and income and tendering unconditional apology.” In that, you can simply state that, upon a careful re-examination of your financial position and upon further legal advice, you wish to file a corrected affidavit so that the record of the court accurately reflects your present income and assets. You can express that there was no deliberate intent to mislead the court and that you tender your unconditional apology for any inadvertent error.

Doing this before the court takes any coercive view will show honesty and responsibility. Judges are usually far more forgiving when a party voluntarily corrects a mistake before being cornered with proof, than when they try to persist in a false stand. It protects you legally and also helps you later in the case — because credibility is crucial in matrimonial disputes.

Avoid any further concealment. Once the court has your correct affidavit, you can always justify and explain the nature of your income, expenses, and liabilities — and that will help you in fairly determining maintenance/alimony without the risk of perjury action.

As for alternatives — there really isn’t a safe one. Trying to defend or justify the false affidavit will only worsen things. It’s better to correct it now and apologise than to wait for the court to act on your wife’s objection.

In short:
→ File a written application seeking permission to file a corrected affidavit of assets and income.
→ Attach the corrected affidavit with full and honest disclosure.
→ Include a short paragraph of unconditional apology and clarify that the earlier version was filed under a mistaken understanding, not with any intent to mislead.

This way, you neutralize the risk, restore credibility, and show good faith — and that will weigh heavily in your favour in the long run.

1. Urgent Meeting with A Lawyer: Schedule a meeting immediately. Do not delay.

2. Express Your Concerns Clearly: State that you are uncomfortable with the false affidavit and are concerned about charges of perjury and contempt of court.

3. Instruct Them to Correct It: Tell them you want to file a supplementary affidavit with the correct financial information and an apology to the court.

4. Evaluate Their Response: Based on their response, decide if you need to get a second opinion or even change your legal representation.

5. Prepare for the Fallout: Understand that your case has become more complicated. The focus will temporarily shift to your conduct. Be prepared for the judge to be displeased and for your wife's side to use this against you. However, honesty from this point forward is your only way to eventually rebuild trust with the court.

Your best and only prudent course of action is to correct the affidavit immediately through a supplementary filing with a sincere apology. The short-term embarrassment and potential strategic setback are far preferable to the long-term, severe legal consequences of being caught in a lie by the court.

An affidavit filed in court is a solemn declaration made on oath or affirmation under Section 139 of the Code of Civil Procedure and Section 3 of the Oaths Act, 1969. Any false statement in such an affidavit constitutes an act of perjury under Sections 191 and 193 of the Indian Penal Code. In matrimonial proceedings, courts treat asset and income affidavits seriously because they are the basis for determining interim and permanent maintenance. However, courts also recognize that parties may sometimes make inaccurate or incomplete disclosures under mistaken legal advice or misunderstanding of the format. When a litigant voluntarily rectifies the record and tenders an unconditional apology before discovery or judicial finding of falsehood, the courts usually take a lenient view and avoid penal consequences.

Your present position can be regularized safely through a voluntary corrective step. The most advisable and legally sound approach is to file a fresh, corrected affidavit of assets and liabilities reflecting your true financial position, accompanied by a short application for permission to substitute or correct the earlier affidavit. In that application, you may state candidly that upon legal reconsideration and with the intention to assist the court with full transparency, you wish to place the correct information on record, and that any earlier inaccuracy was inadvertent and based on incorrect legal advice. You may also express regret for the oversight and assure the court of your full cooperation henceforth.

This corrective action demonstrates bona fides and transparency, which the court will appreciate. The Family Court’s primary concern is not to punish but to ensure truthful disclosure for equitable adjudication of maintenance or alimony. In most such cases, when a party comes forward voluntarily, the court allows substitution of the affidavit, takes note of the apology, and proceeds without initiating any perjury or contempt proceedings.

It would be unwise to maintain the false affidavit or attempt to justify it after your wife’s challenge, because if the court independently finds that you deliberately suppressed income, it could (a) draw an adverse inference regarding your credibility, (b) assess maintenance on a notional higher income basis, and (c) in rare cases, direct initiation of perjury proceedings under Section 340 of the Code of Criminal Procedure. Correcting the record now protects you from those risks.

You should therefore immediately inform your counsel of your intention to file a corrected affidavit. Your advocate can prepare an application for leave to file a revised affidavit of assets and liabilities, citing that the correction is being made voluntarily and in good faith. The corrected affidavit should attach supporting documents such as salary slips, bank statements, or proof of business income to substantiate the true figures. This will restore your credibility and enable a fair and realistic adjudication of maintenance, considering that your wife is also employed.

If your counsel advises against filing a new affidavit out of concern that it may amount to an admission, you may still move an affidavit of clarification acknowledging the earlier inadvertent error and attaching the corrected income details “for the assistance of the court.” Either format will achieve the same purpose — correction of record without formally retracting your entire earlier pleading.

In conclusion, the best and safest course is to voluntarily correct the record now by filing a revised or supplementary affidavit disclosing accurate income details, supported by an application expressing unconditional apology for the earlier inaccuracy. This proactive transparency will protect you from possible adverse findings or perjury implications, preserve your credibility before the Family Court, and assist the court in determining maintenance on a just basis.

it will be better to withdraw the previous affidavit and file the fresh affidavit otherwise, you may be prosecuted for the offence or perjury.