date of desertion- conflicts -perjury
RAMJI
(Querist) 20 January 2013
This query is : Resolved
Wife applied for divorce and got an exparte order(march 2011) as she prayed on gr.ounds of cruelty. after 6 months wife applied for Maintenance under crpc125 for herself + minor child. husband filed counter against M.C
1. Husband persuaded for reunion in OP stage itself but wife declined, H left it to be exparte strategically for some reasons... it went exparte.... and after 5 months W filed MC. H & W remain unmarried on their own wish because of child welfare. W is living with her parents and minor.
2. Whereas while filing counter against MC.. husband brought out the conflicts in the date& place of desertion as stated by her in her own OP, exparte order and also in MC.
Date of desertion as stated by W in 4 documnets as below
1. In OP : 20.05.2007 at bangalore
2. In Exparte decree judge recorded that ever since 20.05.2007 there was absolute separation.
3. In M.C : Wife was to leave matrimonial home on 20.07.2008
H COUNTERED THIS BY TELLING THAT DESERTION WAS BY W AT HER PARENTAL HOME NOT at MATRIMONIAL HOME BECAUSE THE FAMILY LEFT BANGALORE IN 2007 ITSELF AND AS SUCH MATRIMONIAL HOME DOESNT EXIST AT ALL. DESERTION TOOK PLACE ON 22.07.2008 AT PARENTAL HOME OF W AND H WAS SENT OUT BY W IN COLLUSION WITH HER PARENTS BECAUSE OF PROPERTY DISPUTE AND countered to dismiss MC as the date& place of desertion given in OP& its order is stated to be different from that of MC... ( AS MC IS DERIVED OUT OF OP, HOW COME A PETITIONER STATE CAUSE DEVIATING FROM WHAT WAS STATED BY HER IN OP, OPAFFDAVIT & ITS OP ORDER.....?
4. Inspite of this counter, W has repeated in her proof affidavit of MC that " I had to leave matrimonial home on 20.07.2008...
My questions are as below:
1. will this be a fit case against Wife wrt on perjury ( stating wrong date of desertion in MC proof affidavit totally different from her OP, its opaffidavit and exparte order on OP?
2. To prove this, is it necessary to reopen the OP (which H left exparte march2011)
3. For strategic reasons, without reopening OP, H wants to bring out this in MC itself while cross exam....if so... will it be allowed by court?
4. pls advise any other views / suggestions to bring out these inconsistency reg date/place of desertion?
Regards
RAMJI
ajay sethi
(Expert) 20 January 2013
wife will take the plea that it is a typographical error . in divorce decree it is mentioned as 20/7/2007 . by mistake in application for maintenance it is mentioned as 20/7/2008 .you have in your reply pointed out the inconsistencies . you cna in your cross question your wife about the same .
what you have to bear in mind is you cannot be absolved of your responsibilites for payment of maintenance to your wife and child . the issue that is to be consoidered is whether your wife is working or not ?
RAMJI
(Querist) 20 January 2013
Dear Mr ajay sir
In decree it is 20.05.2007
In MC it is 20.07.2008
Wife is working, and also having share in her ancestral properties..
Regards
ramji
