Inconsistent stand in civil and criminal proceeding

Querist : Anonymous (Querist) 05 April 2011 This query is : Resolved
Dear Lawyers,

What impact will the inconsistent stand in civil and criminal proceeding have on the civil proceeding.

Suppose in the criminal complaint wife alleges that her husband had dropped her in her parents house and refused to take back for want to money.

On the other hand before the family court it is averred in her petition that wife left the matrimonial home along with her father to attend a family function. Wife is also claiming restoration of her articles while there is clear admission before police that all her articles are already taken away by her. Wife also denaies solemnization of marriage itself while there is an admission in her criminal complaint that the marriage was performed as per hindu rites.

How much of this inconsistent stand in civil and criminal cases be helpful to claim that the wife's case before family court is malafide and setting out an inconsistent case.

kindly clarify.

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Advocate. Arunagiri (Expert) 05 April 2011
If the statements of any part or witnesses contradicts to a particular point, the same came be brought to theknowledge ofthe court. If those contradictory statements are given on oath, it is a contempt of court. File a petition u/s 340 cr.p.c. in both the courts.

G. ARAVINTHAN (Expert) 05 April 2011
If the evidence given in a civil court is contradicted by evidence given in criminal Court, you can file a certified copy of civil court evidence and file a complaint under Section 340 Cr.P.C