A wonderful judgment from a single judge of Karnataka High Court, Bengaluru bench, acknowledging that litigants lie in their income affidavit and directing the Family Courts to initiate perjury proceedings in accordance with law.

From Paras 10 to 13,

10. Time and again, it is seen by this Court that in several matters, the parties deliberately do not disclose their correct income, avocation, details of assets and liabilities with an intent to portray lesser income and secure favourable order by misleading and misguiding the Court, which is highly deplorable. In the present case, the respondent has deliberately suppressed the materials, which was well within her knowledge and played mischief and mislead the Court to get a favourable order. The sanctity of the Court and its orders would necessarily have to be respected by all the parties to the proceedings and so also by the learned counsel representing the parties.
11. This Court hopes and trusts that the learned counsels representing the parties advise their respective parties with regard to seriousness and sanctity of the Court orders and also be aware themselves of the sanctity of the Court orders and warn their clients/parties with regard to legal consequences of misleading, misrepresenting, filing false affidavit and adducing false statements on oath by way of oral and documentary evidence.
12. In view of several instances where parties are careless and deliberately making false statements on oath and filing false affidavits, this Court deems it appropriate to direct the Family Court/Trial Court dealing with such matters to initiate suitable action in accordance with law so that careless filing of affidavits and casual approach before the Court while filing assets and liabilities in the form of affidavits and adducing evidence before the Court is curbed and the person at fault is penalized by appropriate action of the Court.
13. At this stage, this Court deems it appropriate to issue following guidelines and directions to Family Courts and trial Courts dealing in maintenance applications:
a) Family Courts/Trial Courts dealing in maintenance applications shall insist on filing assets and liabilities and expenses as per the judgment in the case of Rajnesh -vs- Neha and another reported in (2021)2 SCC 324.
b) If an application is filed to summon salary details or other source of income by either spouse, the same shall be considered favourably, in the interest of justice.
c) If the Family Courts/Trial Courts are of the opinion that the salary certificates/details and particulars of other source of income are required to decide the maintenance application, it shall do so by passing suo motu orders for the same from either or both spouses.
d) In case of false Affidavits filed on oath and false information given deliberately to mislead and secure favourable orders by such information, the defaulting party shall be liable to face legal consequences in accordance to law.
e) Any such maintenance secured by way of such misleading and false/wrong information, shall be ordered to be refunded to the aggrieved party.
f) Maintenance applications both interim and main shall be decided expeditiously.
g) These Guidelines shall be strictly followed and adhered.

Citations: [2025:KHC:11787]

Other Sources:

Index of Maintenance Judgments u/s 144 BNSS is here. Index of DV Judgments is here.