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Arvind Singh Chauhan (advocate)     02 August 2013

Interpretation of sec 33 evidence act

Wife filed DV case against husband and in her complaint and statement on oath in this case, she no where stated that husband put allegation on her of illegal relation and put allegation of dowry and cruelty. Suit is dismissed in default later. After that all, husband filed case of adultery against accused XXXX and produces his wife as witness who deposes that accused made physical relation with her. I filed copy of her complaint & her statement of DV Act proceeding and asked her that her statement in DV Act was false or true she answered -True. In argument case of 497 I argued that wife's statement is doubtful and not reliable and referred sec 33 of evidence act to consider her on oath statement of DV Act. But court didn't considered my argument as her prior statement should be corroborated in later proceeding. Sir whether my question to her in case of adultery " whether her statement in DV Act was false or true" and her answer TRUE, is not a corroboration ? and does not render her evidence doubtful.


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