Perjury application against my wife

Question

Perjury application against my wife

08-Dec-2025 (In Divorce Law)

Wife filed divorce case and in sworn in chief affidavit, she mentioned that husband has bet him very harshly and have been admitted in hospital with injuries. But actual hospital admission took place due to wife suffering from fever and dehydration and the same has been mentioned in discharge summary issued by Hospital. Now in cross examination by respondent counsel, he showed discharge summary and asked her whether discharge summary mentioned as fever. She replies as "Yes" Can perjury be filed?

Answers (5)

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Adv. Gaurav Sehgal Adv. Gaurav Sehgal

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Advocate Aniket Singh LawRato · Accepted Answer · 2025-12-08T14:09:39+05:30

Answer #2

Yes it could be a perjury but you have to make an application file after the trial and it's mention that you can you can mention to before the court that she did perjury by giving a false evidence as in connection with the injuries infected by the husband but it was it was a malicious intention of the wife and she was admitted as a fever

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Advocate Alok Jaiswal LawRato · Accepted Answer · 2025-12-08T17:24:51+05:30

Answer #3

Yes This is a classic and strong case for filing a perjury application under BNSS r.w. BNS, because the lie is clear, intentional, and directly contradicted by medical documents. You can file in the same family court.

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Advocate Anshul Dutt LawRato · Accepted Answer · 2025-12-09T11:37:46+05:30

Answer #4

Yes you can file for it but sorry to say there will be no advantage to you in the present situation as the application will stay pending for quite a while and you will waste your time and money on the application . Although depending on the future course of your case you use it as a weapon but not right now. To get better understanding you can contact me .

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LawRato LawRato · Accepted Answer · 2025-12-09T17:44:01+05:30

Answer #5

On these facts, the husband can move an application under section 340 CrPC before the same court, seeking initiation of proceedings for offences relating to false evidence and false claim under sections 227, 229 and, where applicable, 230 of the Bharatiya Nyaya Sanhita, 2023. It will still be for the court to decide, after a preliminary inquiry, whether there is a deliberate and material falsehood and whether it is expedient in the interests of justice to direct prosecution.

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