False DV Fighter (new member) 01 August 2015

Crpc 125 without affidavit

Hello Seniors

I need your guidance on CRPC 125 Case.

Short background: Earlier Wife had filed DV case. (a) JMFC provided maintenance to her and girl child. (b) We appealed in District where her maintenance got cancelled as no DV found. (c) She appealed in HC. HC had dismissed her appeal saying "there was no domestic violence and thus
the petitioner had no cause to move the application under the Domestic Violence Act".

After 18 days of HC order she has filed CRPC 125 case. Written statement from our side filed. but even after 8 months she is not filing affidavit backing her complaint. Her CRPC 125 complaint is just on declaration.

My question (1) is affidavit must for CRPC 125?

(2) under which saction we can ask her affidavit ?

(3) does CPC 35B apply in such delay?

any other suggestion.?

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6 Replies

(Guest)

Affidavit is must and should, without which case wont stand.

False DV Fighter (new member) 01 August 2015

So under which section should i ask her affidavit? CPC35B ?

Is there punishment for her if she does not file affidavit ?

(Guest)

Boss, without affidavit case wont stand. Main jo bhi kahoonga sach kahoonga blah blah said orally is what in writing an afidavit. Without submitting written promise, ,case wont stand, if the opposite party has not filed affidavit, they can during at any point in the course of the case file affidavit, you need not ask opposite party to file affidavit, court will take decision based on affidavit only and not lengthy stories. Mean to say, if opposite party does not file affidavit, they will lose case, and you on the other hand can file perjury case against them.

SAINATH DEVALLA (LEGAL CONSULTANT) 02 August 2015

It is the court that has to ask her to file affidavit.

yes, U can ask the court to apply section 35 B for undue delay. U can ask for anyone of the following:(1) General costs-section 35,(2) Miscellaneous costs-order 20A, (3) Compensatory costs for false claims or defences-Section 35 A, (4) Costs for causing delay-section 35 B

False DV Fighter (new member) 26 August 2015

Today JMFC court have rejected my application under CPC 35B where I have asked cost for delay and also affidavit of complaint. reason provided that the CRPC 125 is not civil so civil procedure code does not apply to this case.

Can someone let me know what needs to be done to get the affidavit of complaint ?

How any case can run without affidavit. ?

prabhakar advocate (advocate) 27 August 2015

The court knows its procedure. With the complaint under S. 125 cr.p.c. affidavit is not required. Even without affidavit also, if there is an interim application, the court can grant interim maintenance. Once rejoinder is filed, then the court itself gives a direction to the wife to file a detailed affidavit in evidence to prove the contents of her complaint. The court has not done nothing wrong. Prabhakar - Advocate (M)9958670740 Legal Aid panelist - Family Court - Central Delhi (Tis Hazari)

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