DV Case

Querist : Anonymous (Querist) 23 June 2011 This query is : Resolved
Dear sir,

In jewellery claims by wife:

Fact: 1) economic condition of wife family at the time of marriage was not at all good.

2) jewellery weared at the time of marriage was imitation jewellery.

bills presented in the court are:-

a) instalment bills.

b) only advance bills but not showing full payment made till date of filling.

c) bills of the day of marriage ,

specific thing marriage held in the morning , marriage hall booked for the timing 10:00am to 12:00 noon only.

jewellery collected but bill not showing the payment made and collected by father of wife( signature present)

important thing:

what wife had weared in the marriage is not claimed ,what claimed bills of most items are absent, what bills are presented are showing something else.

bills submitted of 67000/- but claimed of Rs 2,00,000.00

all the above things mentioned are cleared from:

1) marriage photo submitted by wife

2) bills of jewellery submitted

3) main application and pray

my query:

1) the matter undercomes what sections?

a) perjury (wrong inf.)

b) Dishonesty ( breach of trust)

c) Fradulency (cheating)

OR if any other section which is most suitable.

please specify the correct section and related citation in this respect.

thank you in advance.

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Devajyoti Barman (Expert) 23 June 2011
Only because the claim of the wife is not supported by proof, the same does not fall under perjurious statement.

The only advantage of the husband is that the claim of the wife would be dismissed but this would not tantamount to false statement.

prabhakar singh (Expert) 24 June 2011
I share the opinion expressed by mr. Devajyoti Barman

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