Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Domestic violence false statements

(Querist) 19 November 2013 This query is : Resolved 
I have filed dv asking for shared household /matrimonial home had submitted the sale deed of the house which even today belongs to my husband .however he has stated that he had sold the house and is residing in a rented house .i have never resided in the rented house and doubt that even he is staying there.i had submitted the sale deed in my petition updated till sep and he says he sold it in aug.does court consider he sole statement only which is completely false ?what should I be doing now?
Nadeem Qureshi (Expert) 20 November 2013
if you have proof to prove his statement as wrong then file an application u/s 340 of Cr.P.C. before the court against him for perjury.
ajay sethi (Expert) 20 November 2013
is sale sale deed duly stamped and regd .?

you are entitled to right to stay in shared household . if he has sold the house ask for alternative accommodation
Geeta (Querist) 24 November 2013
@Ajay Sethi. No it is not registered sir.i been suggested to submit an encumbrance certificate of the flat .will it do sir ?
ajay sethi (Expert) 24 November 2013
burden of proof is on your husband to show that he has sold flat . if flat has been sold he has to produce copy of sales deed duly stamped and regd
prabhakar singh (Expert) 24 November 2013
One who alleges affirmative needs to prove.

You alleged purchase and in proof have submitted sale deed and have discharged your burden.

Now it his his burden to produce a certified copy of sale deed made in favor of purchaser by him.

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