Is this a contradictory statement

Querist : Anonymous (Querist) 31 May 2011 This query is : Resolved
Ld Advocates,

Wife claims in her written statement that her husband has misused her cell phone by taking away her cell phone from her house.

Both are living in wife's house.

Wife later claims in witness box that it was she who had left her mobile phone in husband's house but later husband returned the phone in someother place after misusing it informing her that he brought her mobile phone back but didnt gave it back to her in her house.

Is the above statements contradictory or mere explanation of what is stated in the written statement.

Please give your expert opinion.

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Devajyoti Barman (Expert) 31 May 2011
Reproduce her actual statement for proper advice.

PALNITKAR V.V. (Expert) 01 June 2011
The contradiction if any appears to be only as to whether the mobile was taken away by husband or the wife left it in home.

Querist : Anonymous (Querist) 01 June 2011
Dear Palnitkar sir,

Is this contradiction a material one in proving that husband misused the cell phone.

Will wife's statement be disbelieved on accont of this contradiction.

Please clarify.

PALNITKAR V.V. (Expert) 01 June 2011
That single circumstance is hardly material to find out whether husband has misused the cell or the wife is falsely deposing. What use was made by the husband is relevant.

Guest (Expert) 03 June 2011
What kind of specific misuse?

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