The filing of an Affidavit of Assets and Liabilities is the foundational document upon which the economic justice of a maintenance case rests. Following the landmark mandate of the Supreme Court of India in Rajnesh v. Neha, both parties are strictly required to disclose their true financial standing. However, the temptation to suppress income, hide assets, or inflate expenses remains a common tactic used to defeat the ends of justice.

At Merlyn Law Firm, we treat the filing of a faulty or fraudulent affidavit not merely as a procedural lapse, but as Perjury—a serious criminal offence against the administration of justice. We specialize in “Litigation Audits” to expose these falsehoods and invoke the punitive powers of the Court to ensure that the truth prevails.

The Legal Framework: Perjury in Maintenance Proceedings

When a party knowingly provides false information or conceals material facts in a sworn affidavit, they commit an offence against the Court. The legal machinery to address this is found in the interplay between the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS):

• Section 227 of the BNS (Formerly Section 191 IPC): Defines “Giving False Evidence.” Any person bound by an oath to state the truth who makes a false statement is liable for criminal prosecution.
• Section 229 of the BNS (Formerly Section 193 IPC): Prescribes the punishment for perjury, which can extend to seven years of imprisonment and a fine for evidence given in a judicial proceeding.
• Section 379 of the BNSS (Formerly Section 340 CrPC): This is the procedural engine we use to initiate a preliminary inquiry. If the Court is satisfied that an offence of perjury has been committed, it can file a formal complaint before a Magistrate to prosecute the dishonest spouse.

Our Firm’s Expertise: Exposing the “Faulty Affidavit”

Uncovering financial deception requires a blend of investigative grit and forensic precision. At Merlyn Law Firm, we employ a multi-layered strategy to dismantle fraudulent affidavits:

Forensic Financial Cross-Examination

We do not take affidavits at face value. Our team, often in collaboration with forensic accountants, conducts a deep-dive analysis into:

• Lifestyle-Income Mismatch: We cross-reference claimed “low income” against social media footprints, international travel logs, and luxury memberships.
• Bank Statement Reconstruction: We scrutinize “Debit” entries to identify hidden investments, diverted funds, or undeclared insurance policies.
• Business Interest Tracking: We track “Shell Companies” or businesses registered in the names of family members where the respondent is the de facto owner.

Utilizing the Bharatiya Sakshya Adhiniyam (BSA)

Under the new BSA (the successor to the Evidence Act), the admissibility of digital evidence is paramount. We specialize in:

• Authenticating Electronic Records (emails, WhatsApp chats, and digital transaction receipts) that contradict the sworn affidavit.
• Using the “Presumption of Fact” to compel the Court to draw adverse inferences when a spouse fails to produce documents specifically in their knowledge (like ITRs or Form 16s).

Initiating “Section 379 BNSS” Proceedings

Once a falsehood is detected, we don’t just use it for cross-examination; we move for Criminal Contempt and Perjury.

• We file applications to show that the party has “polluted the stream of justice.”
• We push for the striking off of the defence. In many jurisdictions, if a party is found to have lied in their financial affidavit, the Court may refuse to hear their side of the case entirely until the truth is disclosed.

Strategic Benefits of Invoking Perjury Laws

Invoking perjury is not just about punishment; it is a tactical tool to achieve a fair settlement:

• Shifting the Leverage: Once a respondent faces the prospect of a criminal record and imprisonment, the inclination to settle the maintenance claim fairly increases exponentially.
• Enhanced Maintenance Awards: When we prove that a spouse has lied about their income, the Court often applies the principle of “Adverse Inference,” assuming the highest possible income bracket for that individual, leading to significantly higher maintenance for the woman and children.
• Interim Relief Security: Proving perjury at the interim stage ensures that the “Interim Maintenance” is not based on a fictional “pauper” status but on the actual socio-economic reality of the family.

Why Choose Merlyn Law Firm?

• Precision and Vigilance: We treat the Rajnesh v. Neha affidavit as a sacred document. Our “vulnerability assessment” of the opposing party’s affidavit is exhaustive.
• Aggressive Advocacy: We are one of the few firms that actively pursue Section 379 BNSS (340 CrPC)applications to completion, ensuring that dishonest litigants face the full force of the law.
• Holistic Investigation: From involving private investigators to filing RTIs and seeking “Production of Documents” via court orders, we leave no stone unturned in asset tracing.

A Strategic Warning for Litigants: The Courts today have zero tolerance for “Economic Fraud” in matrimonial matters. A false affidavit is a ticking time bomb that can result in the loss of your case, the striking off of your defence, and a criminal conviction. Whether you are a victim of financial concealment or need to ensure your own affidavit is ironclad, expert legal guidance is non-negotiable.