How much contadiction allowed in the evidence in matrimonial case
Ranganath
(Querist) 24 December 2012
This query is : Resolved
Ld Counsels,
Wife filed annulment of marriage, prior to that criminal case was registered against husband.
1. In the criminal complaint it is stated that husband dropped her at her parents house on a particular day after which she didnot return to husband,
Where as in her evidence before family court she has stated that she left the matrimonial home along with her father to attend a marriage function.
2. In the complaint lodged wife admitted that marriage was performed as per hindu rites.
whereas in her evidence before family court she denied the solemnization of marriage.
3. Wife's 161 statement before police was admitted in evidence in which it was stated that she had taken away all her gold jewels from husband whereas before the family court she claimed the alleged gold jwels back from husband.
4. In the complaint it is stated that after marriage husband agreed to live with the wife only if his demand of dowry is met. whereas in the evidence before family court it is stated that husband had no intension to marry her. demand of dowry comes in contrast to the alllegation that there was no intension to marry.
alleged ground for annulment of marrige is non-consummation. Can above be termed as material contradictions by wife in order to disbelieve her evidence.
Court had in fact passed a decree in favor of wife.
in view of the contradiction and other defenses is there a good case to defend in appeal.
To be frank it is shocking to believe that court disregarded the above contradictions.
Thanks.
ajay sethi
(Expert) 25 December 2012
yes you have good case in appeal .rely upon these material contradictions .however better consult a local lawyer . necessary to go through the complaint and evidence in case .
