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What Happens If My Spouse Is Caught Lying Under Oath During a Divorce Trial in Bengaluru?

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(@Aashna Sankhla)
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[#2251]
My spouse has made several statements on oath before the Bengaluru Family Court that I can disprove with documentary evidence. What legal action can I take if I can establish that my spouse committed perjury during the divorce trial and will it affect the outcome of the case?

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(@advocate-mudit-pratap)
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If your spouse is caught lying under oath during a divorce trial in Bengaluru, this can have serious legal consequences for both the credibility of their case and, potentially, independent criminal liability, since Indian law treats false testimony in judicial proceedings as a punishable offence in its own right, separate from whatever impact it has on the underlying matrimonial dispute.

Under Section 191 of the Indian Penal Code (now Section 227 of the Bharatiya Nyaya Sanhita, 2023), giving false evidence is a distinct criminal offence, and Section 193 prescribes punishment for those who intentionally give or fabricate false evidence in a judicial proceeding, which can include imprisonment. If your spouse is demonstrably caught lying under oath in your Bengaluru divorce trial, your lawyer can bring this discrepancy directly to the court's attention through effective cross-examination, documentary contradiction, or witness testimony that exposes the falsehood clearly on record.

Beyond potential criminal consequences, false testimony can significantly damage your spouse's credibility before the judge, weakening their overall case and strengthening yours, since courts naturally view a party willing to lie under oath with considerable suspicion regarding the truthfulness of their broader claims. If the false statement relates to a central issue in the case โ€” such as income for maintenance purposes, allegations of cruelty, or custody-related claims โ€” exposing this lie convincingly can meaningfully shift the outcome in your favour.

To pursue a perjury complaint separately, your lawyer would typically need to file an application before the same court under Section 340 of the Code of Criminal Procedure (now Section 379 of the Bharatiya Nagarik Suraksha Sanhita, 2023), requesting the court to initiate proceedings for prosecution of the offence, since private complaints for offences committed in relation to court proceedings generally require the court's own sanction to proceed. This is a significant step that should be pursued strategically, given the additional time and resources it involves, rather than automatically for every minor inconsistency.

Given how much skill it takes to expose false testimony convincingly during a live trial, and to then decide whether pursuing separate perjury proceedings genuinely serves your interests, experienced courtroom representation is essential. Reach out via Aapka Legal Advice if you believe your spouse has lied under oath in your Bengaluru case. Its divorce lawyers in Bengaluru, supported by a panel of retired judges available for consultation, can help you build a strategy to expose the falsehood and use it effectively in your case.

In short, false testimony under oath in a Bengaluru divorce trial can seriously damage your spouse's credibility and may even expose them to separate perjury prosecution, making it a powerful tool when properly exposed and presented by skilled counsel.


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