Legality of application u/s 125 crpc

jagjit (Querist) 16 December 2014 This query is : Resolved
SIR, IF LADY FILE THE APPLICATION FOR MAINTENANCE U/S 125 WITHOUT AN AFFIDAVIT, THEN KINDLY TELL ME THAT WHETHER THAT APPLICATION IS LEGALLY CORRECT OR LIBEL TO BE DISMISSED. IF LIBLE TO B DISMISS THEN UNDER WHICH LAW.

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prabhakar singh (Expert) 16 December 2014
THAT APPLICATION IS LEGALLY CORRECT, NOT LIBEL TO BE DISMISSED.

Devajyoti Barman (Expert) 16 December 2014
Yes it is correct by the petition for interim maintenance must be supported by affidavit.

ajay sethi (Expert) 16 December 2014
affidavit is necessary and complainant would be directed to file affidavit

Rajendra K Goyal (Expert) 17 December 2014
Petition should be supported by an affidavit.

Biswanath Roy (Expert) 20 December 2014
Filing a petition u/s.125 Cr.P.C is meant for claiming maintenance whereas filing affidavit along with is merely a part of the legal procedure. The court has statutory power to direct the petitioner for filing Affidavit.

T. Kalaiselvan, Advocate (Expert) 24 December 2014
If she has filed a petition with out affidavit, the court may direct her to file the same.However it is not the same in all the places, in Tamilnadu, the petition need not be supported by an affidavit immediately, it may be filed at the time of enquiry.

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