Filling of Affidavit

Knowledge Gainer (Querist) 28 February 2011 This query is : Resolved
In reply to petition of Matrimonial case dated 10/08/2010, I have filled my written statement on 19/11/2010. On Next hearing i.e. 04/12/2010 petitioner has changed her advocate and filled new Vakilat Patrak (VP). There after next hearings were on 29/01/2011 and 24/02/2011 in which issues to be framed. Now next hearing is on 11/03/2011.

Till 24/02/2011 they have not filled any written statement / affidavit after my affidavit and now they want to file the same. On 11/03/2011 almost 98 days are getting over.

So can they file affidavit on 11/03/2011 and is it valid, as 90 days are getting over? Can I object the affidavit filled after 90 days? What her advocate was doing till 90 days? she has sufficient time to prepare and file affidavit.

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Devajyoti Barman (Expert) 28 February 2011
3What affidavit? There is no provision for filing reply against written statement. If it is a evidence in chief on affidavit then the 90 days time does not have any application.

Sachin Bhatia (Expert) 28 February 2011
You query is not clear.

Knowledge Gainer (Querist) 28 February 2011
Affidavit means after filling of my written statement in reply to their petition, now they want to file reply on my written statement.

Devajyoti Barman (Expert) 28 February 2011
That is not permissible under law. Ask the court not to accept any such affidavit.

Kirti Kar Tripathi (Expert) 28 February 2011
reply or replication can be filed only after permission of the court, if court permits no limitation 90 days is required,