Minor Inconsistency In Wife's Statement During Cross Examination Before Family Court Does Not Make Her An...
Principle: Minor Inconsistency in Testimony
In family law matters, particularly in cases like domestic violence, maintenance, divorce, or custody, the credibility of witnesses is important. However, minor inconsistencies in the testimony of a spouse do not automatically render her entire statement unreliable or false.
Courts recognize that:
Human memory is not perfect, and small discrepancies may arise due to stress, pressure, or passage of time.
Cross-examination often seeks to highlight contradictions, but trivial inconsistencies—like slight differences in dates, amounts, or wording—are not fatal to the overall credibility of a witness.
The essence and substance of the statement, if consistent, carry more weight than minor deviations.
Legal Position and Case Law
S. 118 of Evidence Act (Regarding Spouse Testimony)
Under Section 118 of the Indian Evidence Act, a spouse’s statement is not automatically inadmissible against the other spouse. Their testimony must be evaluated for credibility, but minor contradictions are considered natural.
Bombay High Court in Shobha Ramchandra Patil v. Union of India (1993)
Court held that minor inconsistencies in a witness’s evidence do not necessarily discredit her entire testimony, especially when the core facts remain consistent.
The court emphasized assessing the overall truthfulness and substance of the testimony.
Supreme Court in Sharad Birdhichand Sarda v. State of Maharashtra (1984) 4 SCC 116
Though this was a criminal context, the Supreme Court clarified that trivial discrepancies in statements under cross-examination do not destroy credibility. Courts must distinguish between minor contradictions and substantial discrepancies that affect the core of the case.
Kerala High Court in Vijaya Lakshmi v. K. Suresh Kumar (2007)
Court held that minor variations in dates or amounts cited by a wife during cross-examination in a maintenance petition cannot be a ground to disbelieve her claim entirely.
The credibility of the witness must be judged on overall consistency, corroboration, and probability, not on every tiny error.
Key Takeaways for Family Court Cases
Minor inconsistencies = not fatal; court looks at totality of evidence.
Cross-examination is intended to test memory and truth, but not every discrepancy is material.
Core facts established by the wife, supported by documents or other witnesses, are more important than trivial differences.
Courts often caution against discrediting a spouse solely due to minor contradictions, as this may undermine justice in sensitive family disputes.
✅ Conclusion:
A minor inconsistency in a wife’s statement during cross-examination does not automatically make her testimony unreliable or false. Courts will examine the substance, corroboration, and reasonableness of her evidence rather than focusing on trivial contradictions.
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