Peter mary (DV Victim) 30 August 2011

Contradictory statement in chief exam and cross exam

Cr.P.C 125 case:

Wife was working as a teacher in private school with 5000 salary which she accepted in her chief examination and cross examination of Cr.P.C 125 case in family court during April 2010. She got a govt job with 25000 salary in May 2010. Her PW1 was her mother and in her chief and cross which happened in Oct'10 told that her daughter is still working in private school with 5000 salary. After this they are dragging the case till date by not appearing on dates and taking false excuses

DVC Case:

Wife had hidden her latest govt.job and gave a false statement in her chief examination of DVC case in Dec'10 that she is still working in pvt.school with 5000 salary. Her mother was again the PW1and during her chief she said that her daughter is working in private school with 5K salary. I got RTI from her govt school and she also came to know that i have got the true information. So during cross in DVC Wife accepted that she is working in govt.school but informed that her salary is less than 20K. In PW1 cross her mother also accepted that her daughter got a govt.job and her salary is around 20K. This happened in Jul'11

My Question:

1. Can I use her statements given in DVC case in CrPC 125 case and take a stand that she has committed perjury? Is this acceptable?

2. In DVC Since she had given different information in Chief and Cross, how do i effectively use it and prove her lies?

Kindly advice.

Reply Follow

7 Replies

(Guest)

Peter,

Since there is a time difference between these two statement, a person may change job in between. Do you have proof that she was employed in government before Dec 10?

If yes, you should file perjury is your DV case. And as per multiple directives from high courts and supreme courts perjury need to be disposed first before disposing main petition.

VENKS (S) 31 August 2011

Can you please provide the Supreme Court ruling which says that perjury need to be disposed first before disposing main petition.

Thank You

Sanket Sharma (AM) 31 August 2011

File RTI Application to the concerned department, requesting the certified copies of all the appointment for 2009 to 2011 for the post of Teacher in your state. take it as an evidence

Peter mary (DV Victim) 31 August 2011

Yes. I have RTI proofs of her leaving the private school, Date of Joining in Govt.School, Her pay scale, Her take home salary. My query is she had lied in chief but managed it in cross. (Both Chief and Cross in DVC was after the date of her joining in Govt.) Same case with her PW1 too. Will this stand if I file perjury?

Also kindly provide the citations on Supreme Court ruling which says that perjury need to be disposed first before disposing main petition.

Thank you!

(Guest)

Peter,

Do some ground work -- not everything can be served in a platter..

I was able to search one judgment for section 340 (perjury) and Punjab and haryana High court

Sunny Bhumbla .........Appellant Vs Shashi CRA No. 197 SB of 2010 (O&M)

https://nyayayodha.blogspot.com/2010/02/crpc-340-procedure-cannot-be-bypassed.html

(Guest)

Peter,

Do some ground work -- not everything can be served in a platter..

I was able to search one judgment for section 340 (perjury) and Punjab and haryana High court

Sunny Bhumbla .........Appellant Vs Shashi CRA No. 197 SB of 2010 (O&M)

https://nyayayodha.blogspot.com/2010/02/crpc-340-procedure-cannot-be-bypassed.html

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 01 September 2011

This is not perjury.

The mother can always say that she was not aware that her daughter had changed jobs. The daughter can then corraborate the story by saying that she didnot even inform her family about her job, lest the word spells out and you try to defame her in school and all.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com