Case u/s 191, 193, 199, 209 IPC for false statement by wife

[Sidharth Kapoor]

Dear Sir,

I am facing a case of DV Act in Delhi

In this case my wife claimed her self unemployed and demanded maintenance.

In response to this false case i filed application u/s 340 CrPC and 191, 193 199 and 209 IPC claiming that she is working and earning 35,000 p.m. with evidence for evidence i filed her salary slips and her salary a/c statement.

Court rejected her interim maintenance and also application of perjury saying that there are strong evidence to prove that complainant is working but there is no need to proceed under section 340 crpc.

Now I don’t want to file appeal under section 341 CrPC

Can i file a complaint case against my wife under section 191, 193 199 and 209 IPC ?

Or what options left for a victim who faces false case but court refuse to proceed with section 340.

[Dr. Ashok Dhamija]

If your wife has made a false statement about her income in the court, as you have mentioned, and if the court has rejected your application under Section 340 of Criminal Procedure Code for filing a complaint against her, then your relief is to file an appeal against such decision under Section 341 of Criminal Procedure Code. You cannot file a direct complaint in any other court or with police for such false statement, since there is a specific prohibition against such direct complaint under the provisions of Section 195(1)(b) of the Criminal Procedure Code. Such a complaint can be made only by the court concerned under Section 340 Cr.P.C.

However, if there is a separate offence of forgery committed by your wife in your case outside the court, by creating a forged document of showing false income, then a complaint / FIR can be filed (only) with regard to such forgery. But, in so far as the offence of perjury (i.e., making a false statement in court or adducing false evidence in court) is concerned, such complaint can be filed only by following the procedure of Section 340 of Cr.P.C. (and, in your case, by filing an appeal under Section 341 Cr.P.C. since your Section 340 Cr.P.C. application has been rejected).     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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