Section 340 On Spouse For Spousal Income Without Proof

837 votes

Normally any kind of false information given to the court with intent to impact the judgment can invite the scourge of S340 for perjury. It's prudent for any husband to come to court with clean hands as in the practical legal world such mistakes/ wrongs by the wife may rarely invite the Courts action but similar mistakes/ wrongs by Husband will in most of the cases invite punishment for S340 etc

Advocate Vikas Sharma LawRato

796 votes

If the Wife Mentions an Exaggerated Salary of the Husband Without Proof • If the wife falsely claims an inflated income for the husband in her income affidavit, it may qualify as misrepresentation or false statement under oath. • However, courts generally expect some margin of error in estimating a spouse’s income. • If it is a deliberate, willful misrepresentation intended to deceive the court (rather than just an estimate or assumption), then Section 340 CrPC could be invoked. • If this false statement leads to a wrongful advantage (e.g., excessive maintenance), the husband may file an application under Section 340 CrPC, but the court will decide whether prosecution is warranted.

Advocate Tejas Mehta LawRato

599 votes

If the statements in the affidavit of assets, income, and expenditure are found to be inaccurate, the Court will assess the consequences by drawing an adverse inference or imposing additional costs when determining maintenance. However, an action under Section 340 of the CrPC is generally not necessary in matrimonial cases until the main petition is decided, unless the Court, for reasons it deems appropriate and in the interest of justice, finds it necessary to address the issue sooner. Action under section 340 of the Code of Criminal Procedure can be invoked against either party for their own income/ expenditure statements and not for spousal income/ expenditure as the same is based on “the best of my knowledge” basis and the other party may file an application for production of documents by the Deponent of the Affidavit. However, this is a discretionary action by the Presiding Officer and in practice, is often avoided.

LawRato LawRato