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In matrimonial litigation, facts are often disputed. A husband may say one thing; the wife may give an entirely different account. One party may allege concealment of income, while the other may deny it. Affidavits, financial disclosures, WhatsApp conversations, bank records, property documents and oral evidence may all become part of the Court record.

But there is an important legal line between a fact that is disputed, a statement that is incorrect and a statement that is deliberately false.

When a person knowingly gives false evidence or fabricates evidence with the intention that it be used in a judicial proceeding, the matter can go beyond the matrimonial dispute and raise the issue of perjury or offences relating to false evidence.

For parties involved in divorce, maintenance, domestic violence, child custody or other matrimonial proceedings, understanding this distinction is important.

WHAT IS PERJURY IN FAMILY COURT?

Perjury is commonly understood as deliberately giving false evidence in a judicial proceeding.

Under the Bharatiya Nyaya Sanhita, 2023 (BNS), Section 227 deals with giving false evidence, Section 228 deals with fabricating false evidence, and Section 229 provides punishment for giving or fabricating false evidence. These provisions are part of the statutory framework concerning false evidence and offences affecting the administration of justice.

In the context of a Family Court case, the issue may arise where a party knowingly places false material before the Court through an affidavit, statement, evidence or document.

However, not every incorrect statement is perjury.

The question of intention, knowledge, materiality and the circumstances in which the statement was made remains important.

FALSE AFFIDAVIT IN A FAMILY COURT CASE

Affidavits are frequently used in matrimonial proceedings. Parties may file affidavits relating to their pleadings, evidence, income, assets, liabilities, expenses and other relevant facts.

A false affidavit can become legally significant when a person deliberately states something which they know to be false or deliberately suppresses a material fact.

For example, allegations may arise where a party:

• deliberately conceals employment or income;
• knowingly gives incorrect information about property ownership;
• suppresses material financial accounts or investments;
• makes a knowingly false statement regarding assets or liabilities;
• produces a fabricated document;
• deliberately denies a fact despite possessing reliable records proving it; or
• gives false evidence on a material issue before the Court.

The important question is not simply whether the statement is wrong. The circumstances must be examined to determine whether the falsehood was deliberate and legally material.

IS EVERY CONTRADICTION PERJURY?

No. This is perhaps the most important distinction when dealing with allegations of perjury in matrimonial cases.

Family disputes frequently contain conflicting versions of events. A party may remember an incident differently, make an incorrect statement, misunderstand a question or take a different legal position at a later stage of the proceedings.

Such circumstances do not automatically establish perjury.

For an allegation of deliberate false evidence to be sustainable, the Court must examine the nature of the statement and the evidence surrounding it. A mere contradiction should not automatically be converted into a criminal allegation.

The Supreme Court has recently reiterated this caution in a matrimonial dispute. In a 2026 judgment, the Court found that the allegations before it did not disclose the necessary ingredients of perjury or giving false evidence and observed that the allegations arose against the background of multiple matrimonial disputes.

This illustrates an important principle: perjury proceedings are not intended to become another routine weapon in matrimonial litigation.

PERJURY AND CONCEALMENT OF INCOME IN MAINTENANCE CASES

Financial disclosure is particularly important in maintenance and alimony proceedings.

A Court deciding maintenance may need to consider the financial circumstances of the parties, including income, assets, liabilities and earning capacity. A deliberate attempt to hide material financial information can therefore become significant.

For example, suppose a party states in an affidavit that they have no employment or independent income while deliberately concealing a known source of salary or business income. If reliable evidence establishes that the disclosure was knowingly false and material to the proceedings, the Court may examine the consequences.

Similar issues may arise concerning:

• undisclosed property;
• rental income;
• business interests;
• investments;
• bank accounts;
• employment;
• financial liabilities; or
• other material sources of income.

However, an innocent omission or genuine mistake should not automatically be treated as deliberate false evidence.

FALSE EVIDENCE IN DIVORCE PROCEEDINGS

Perjury-related allegations can arise in both mutual and contested matrimonial litigation, although the factual circumstances may differ.

In a contested divorce case, parties may dispute allegations concerning cruelty, desertion, domestic violence, financial conduct or other matrimonial facts.

In such cases, the Court assesses the pleadings and evidence placed before it. If a party is alleged to have deliberately created false evidence or knowingly made a false statement on a material matter, the issue may be brought to the Court's attention.

A Contested Divorce Lawyer or Family Court Lawyer can assist in identifying whether the alleged contradiction is merely an evidentiary inconsistency or whether there is material capable of supporting a more serious allegation.

FABRICATED DOCUMENTS AND FALSE EVIDENCE

False evidence is not limited to oral statements.

Section 228 of the BNS addresses the fabrication of false evidence. The provision concerns creating a false circumstance, false entry or similar material with the intention that it may appear in evidence and mislead the Court.

In a matrimonial dispute, allegations of fabricated evidence could potentially concern documents or records that a party claims were created or manipulated specifically for use in litigation.

The fact that a document is disputed, however, does not by itself establish fabrication.

The Court must consider the available evidence, authenticity of the document, surrounding circumstances and the statutory requirements before drawing conclusions.

WHAT HAPPENS WHEN FALSE EVIDENCE IS ALLEGED?

The procedure is not as simple as filing an application and automatically obtaining prosecution.

The current procedural framework is contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Section 215 of the BNSS places restrictions on when a Court can take cognizance of specified offences relating to public justice and documents used in Court proceedings. For offences covered by the relevant provision, the statutory scheme requires a complaint by the Court or an authorised Court officer in the circumstances specified by law.

Section 379 BNSS sets out the procedure where a Court considers that it is expedient in the interests of justice to conduct an inquiry into an offence covered by Section 215. The Court may record its finding, make a complaint in writing and send it to the competent Magistrate, subject to the statutory requirements.

Therefore, a party alleging perjury should understand that the Court has to consider whether the legal requirements are satisfied before such proceedings are pursued.

WHAT SHOULD A PARTY DO IF THE OPPOSITE PARTY HAS ALLEGEDLY LIED?

A perjury allegation should be approached through evidence, not emotion.

Before moving the Court, it is useful to identify:

1. The Exact Statement

Identify the precise statement alleged to be false. Avoid making a broad allegation that the entire affidavit is false.

2. The Contradictory Evidence

Show the document, admission, record or other material which demonstrates why the statement is alleged to be false.

3. Knowledge or Intention

Consider whether the material indicates that the person knew the statement was false rather than merely making an error.

4. Materiality

The alleged falsehood should be relevant to an issue being adjudicated by the Court. A trivial or immaterial discrepancy may not justify perjury proceedings.

5. The Complete Record

The Court may examine the pleadings, affidavits, cross-examination, documents and surrounding circumstances together rather than considering one sentence in isolation.

Can False Statements Affect the Main Family Court Case?

Yes, potentially—but the effect depends upon the facts and evidence.

A material contradiction may be relevant when the Court assesses the credibility of a witness. Documentary evidence that contradicts a statement made on oath may also become relevant to the appreciation of evidence.

This is particularly important in proceedings involving maintenance, alimony, child custody, domestic violence and contested divorce, where factual credibility can play a significant role.

Nevertheless, an allegation of perjury should not be confused with the merits of the matrimonial case itself. The Family Court still has to decide the underlying dispute according to the applicable law and evidence.

PERJURY IN CHILD CUSTODY PROCEEDINGS

Child custody matters require particular care because the Court's primary consideration is the welfare of the child.

If a party knowingly places false material before the Court regarding the child's education, living arrangements, financial circumstances, caregiving, medical needs or other material facts, the Court may examine the reliability of that evidence while deciding the custody dispute.

A Child Custody Lawyer can help organise documentary evidence and identify inconsistencies relevant to the proceedings. But the ultimate determination remains with the Court on the basis of the evidence and the child's welfare.

WHY PERJURY ALLEGATIONS SHOULD BE MADE CAREFULLY

Family litigation is often prolonged and emotionally difficult. Allegations that the other party has lied are therefore common.

But calling every inconsistency “perjury” can weaken an otherwise genuine legal position.

A properly considered allegation should answer a simple question:

Can the alleged falsehood be established through reliable evidence, and does it satisfy the legal requirements for action concerning false evidence?

If the answer is uncertain, the issue may be better addressed through appropriate cross-examination, documentary evidence or submissions on credibility rather than automatically seeking criminal prosecution.

HOW A FAMILY LAWYER CAN ASSIST

A Family Lawyer in Noida or Family Court Lawyer may assist a party in reviewing pleadings, affidavits, financial disclosures and documentary evidence to identify material inconsistencies.

Depending upon the nature of the dispute, legal assistance may involve:

• reviewing a disputed affidavit;
• comparing pleadings with evidence;
• examining financial disclosures;
• identifying documentary contradictions;
• preparing appropriate applications;
• addressing false or fabricated evidence before the Court; and
• advising on the procedural requirements applicable to proceedings concerning false evidence.

For parties dealing with matrimonial disputes in Noida and Delhi NCR, choosing legal assistance familiar with Family Court proceedings can be particularly relevant where the case involves multiple connected proceedings such as divorce, maintenance, domestic violence or child custody.

Frequently Asked Questions

What is perjury in Family Court?

Perjury generally refers to deliberately giving false evidence in a judicial proceeding. Under the current criminal-law framework, BNS Sections 227–229 address giving or fabricating false evidence and related punishment.

Is a false affidavit automatically perjury?

No. The Court must examine whether the statement was deliberately false and whether the statutory requirements for an offence relating to false evidence are satisfied.

Can perjury proceedings be initiated in a matrimonial case?

A party can bring the alleged false evidence to the attention of the competent Court. The procedure and cognizance requirements are governed by the applicable provisions of the BNSS, including Section 215 and, where applicable, Section 379.

Can hiding income in a maintenance case have legal consequences?

Deliberate concealment of material financial information can be relevant to the maintenance proceedings and, depending upon the facts and evidence, may raise issues concerning false evidence.

Does every contradiction amount to perjury?

No. A contradiction, mistake or incorrect statement does not automatically establish perjury. Intention, knowledge, materiality and the surrounding evidence are important.

Conclusion

The Family Court is not merely a forum for competing allegations. It is a judicial forum in which parties are expected to place their cases honestly and support their assertions with reliable evidence.

A deliberately false affidavit, fabricated evidence or knowingly false statement on a material issue can have consequences under the law. At the same time, perjury should not be alleged merely because the opposing party has given a different version of events.

The correct legal approach is to distinguish between an ordinary contradiction and a deliberate attempt to mislead the Court.

Whether the dispute concerns divorce, maintenance, alimony, domestic violence, child custody or another matrimonial issue, the focus should remain on the evidence, the intention behind the statement and the statutory requirements governing false evidence.

For individuals involved in matrimonial litigation in Noida and Delhi NCR, obtaining case-specific advice from a qualified Family Lawyer or Divorce Advocate can help determine how alleged false evidence should properly be addressed within the ongoing proceedings.