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prabir   02 July 2018

Written statement in mat suit

can a written statement in a mat suit submitted by wife be rejected under section 211 or any other section, if it could be proved that the matter in WS is false or in contradiction with other cases she filed ?



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 4 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     02 July 2018

As per me you have to proceed with the matter and get final judgement.

Vijay Raj Mahajan (Advocate)     02 July 2018

Section 211 of which Act? WS is pleading of the respondent in the matrimonial case in reply to the petition and just on the basis of WS the case of defense cannot be dismissed and petition of the petitioner allowed unless the respondent admitted all the contents of the petition.
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Nitish Banka (lawyer)     02 July 2018

No it cannot be rejected contents of WS can be used in cross examination

prabir   02 July 2018

The sction is 211 IPC. The question arose because for the self same period, a FIR was filed in a 498a case by the respondent. The petitioner was acquitted in that criminal case recently. The evidence adduced in the 498a case is not only in direct contradiction to the pleading of WS submitted by respondent but also several false evidence (as established during cross examination) given by the respondent in the criminal case  also appears in the pleading of WS of Mat suit. Moreover, the supporting affidavit of WS is faulty for which respondent has sought amendment under order VI rule 17. At this stage can the entire WS be amended  & progress furher with the known contradictions, omissions and comissions?. Will that not attract section 340?


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