Contradictory statement police complaint and divorce petition

This query is : Resolved 

19 September 2012

Ld Counsel,

Marriage was solemnized and registered. Wife filed a complaint and admitted that marriage was performed following hindu rites. The marriage was also registered.

She also filed an annulment of marrige alleging impotency stating that the marriage was not even solemnized.

Will the contradictory statement in police complaint and the annulment petition amount to perjury. She maintained the same stand in her proof affidavit as well.

Thanks in advance.

ajay sethiOnline (Expert)
19 September 2012

flase statement made on oath would amount to perjury. herein false staement is made in Fir . it is an offence punishable under section 199 IPC

Whoever, in any declaration made or subscribed by him, which declaration any Court of Justice, or any public servant or other person, is bound or authorized by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence.

Punishment—The same as for the giving or fabricating false evi­dence—Non-cognizable-Bailable—Triable by court by which offence of giving false evidence is triable—Non-compoundable.

ajay sethiOnline (Expert)
19 September 2012

In the case in Kalawati v. State of Himachal Pradesh, AIR 1953 SC 131 the accused Kalawati made a statement to the Head-constable that some unknown dacoits had invaded her house, killed her husband and robbed her of her jewels. This statement which was treated as first information statement was found on investigation to be false and it was proved that she knowingly gave the false information to screen the real offender who was her paramour. She was therefore, convicted under Section 201 IPC. It, therefore, follows that if the first information statement given to the police is proved to be false it would amount to an offence under Section 201, I. p. C.

kumar sachin (Expert)
20 September 2012

whether she had used the word "solemnized" in both the places?

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