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498A_HARRASED (NTNGH)     16 September 2014

125 cr.p.c - another affidavit with same allegations by wife

Hello,

 

An affidavit was filed during the filing of case which was not having appropriate characteristics an affidavit must possess like affirmation was missing, advocate details were missing etc., In nutshell, its a disqualified affidavit.

Can she file another affidavit with same allegations in court by saying it is chief affidavit.

 

 



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 3 Replies

Adv Archana Deshmukh (Practicing Advocate)     16 September 2014

If the court has not considered it as affidavit of evidence, then a new affidavit can be filed.

498A_HARRASED (NTNGH)     16 September 2014

Thank you Madam.

I filed counter also in which I mentioned about this disqualified affidavit.  Even after filing counter by me she will be able to file the affidavit with same allegations again second time.. Judge called for enquiry after i filed the counter...
 

Please let me know...

Adv Archana Deshmukh (Practicing Advocate)     16 September 2014

Your wife has the right to lead her evidence. It depends upon what kind of technical flaws the affidavit has so as it will not be considered as evidence affidavit. The court in any case will give her the chance to lead evidence by the way of the old affidavit or a new one.


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