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Conflicting details in 498a and maintenance case 
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Joined: Sun Mar 14, 2010 7:40 am
Posts: 30
Dear members

I would like your advises on the following. Please guide

My wife claims in the FIR of 498a dated 26th Feb 2010 that i and my parents tortured her for 5 lakh, whileon 17th Feb 2010 she files a maintenance case claiming we were torturing her for 20 lakh.

In 498a FIR she claims that after marriage she lived with her in-laws where she was beaten and tortured while in maintenance case she states that 2 days after marriage she moved to Mumbai with her husband.

Again sheclaims when i and my parents went to meet my son in Jamshedpur, then we asked for 5 lakh, while the same amount became 20 lakh in the maintenance case.

is it possible to lie, given that there is an affidavit from her stating that whatever is mentioned is true.

Please advise what should be my step


Tue Sep 28, 2010 11:16 am
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Joined: Fri Jan 23, 2009 4:50 am
Posts: 666
Perjury. Inconsistencies.


Tue Sep 28, 2010 12:00 pm
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Joined: Sun Mar 14, 2010 7:40 am
Posts: 30
thanks for the advise. Where can i file for prejury, as the 498a is in jamshedpur and maintenance case is in kolkata. the lies are mainly in 498a case. can i file this case in kol.

thanks


Tue Sep 28, 2010 12:04 pm
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Joined: Fri Jan 23, 2009 4:50 am
Posts: 666
Jamshedpur.


Tue Sep 28, 2010 12:07 pm
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Joined: Sun Feb 28, 2010 3:30 am
Posts: 50
Sir,

Its too early for perjury. Don't rush. You said she mentioned it in FIR. Statement recorded by police is not considered for the the purpose of perjury. The controverting statements (two) need to be given under oath. If you file perjury now she is going to take a U turn and you will not be able to do anything other than repenting for the chance you will lose. Taking U turn is admissible from FIR and does not amount to any perjury.

Its better to wait n watch, educate yourself adequtely about perjury procedures and plan a beautiful and surprising onslaught. When she corroborates her statements under oath then you are supposed to take action.

Good luck!

Regards,

Rajesh


Wed Sep 29, 2010 11:37 am
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Joined: Sun Mar 14, 2010 7:40 am
Posts: 30
Thanks Rajesh

You rightly said that in this cases it is better to have patience and once the case starts, then i can go for Prejury


Wed Sep 29, 2010 11:47 am
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Joined: Mon Apr 21, 2008 12:04 am
Posts: 53
Rajesh has advised well. Wait till she lies under oath (during 498a trial). It would be quite funny, first she would have to repeat what she said in FIR, any deviations and 498a gets weak. If she stays consistent with FIR, then your lawyer needs to show her a copy of her Maintenance Petition and ask her to read it under oath. Make sure you get a court copy of her maintenance petition with her signature on it. Just secure these copies for now, you have a long way to go... till you reach trial. If you take any counter actions now, she is going to come up with one consistent story and that puts you in Jail for sure. Fight safe.

Dev.


Tue Oct 12, 2010 7:39 am
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Joined: Sun Mar 14, 2010 7:40 am
Posts: 30
Thanks Dev

I have put this aside for the trial period. I have got the certified copy of the maintenance reply. And focusing mainly on AB for my parents.I am outside India so havent started my bail process yet. As advised i will use this inconsistency in FIR and maintenance case only after the case starts, and the police files a chargesheet.


Tue Oct 12, 2010 7:48 am
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Joined: Fri Apr 26, 2013 6:23 pm
Posts: 202
What is the status of your case! i heard it's hard to get AB in Jharkhand.


Mon May 06, 2013 8:31 pm
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