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salim shaikh (designer)     07 October 2011

Dv case affidavit filed by wife dnt ha offcers sign & stamp

my domestic violence case going on in court.

in April-11  when fileing the case . Wife has submitted afidavit. but the affidavit submitted by wife dnt have sign & stamp of the required officer.. My lawyers just found out this thing now.

Now we have not disclosed this thing to anybody. And applied for true copies of above affidavit & etc.

I just want to know. How i will get maximum benefit from this mistake. Please help me....


 1 Replies

Tajobsindia (Senior Partner )     07 October 2011

@ Author

Your query has two tricky parts and unless certified copy is in hand and discovery to be true it can not be said that she has committed a offence be it so under Oath Affidavit Act.


1. Normally defendent copy is given in a hurry which is xerox copy of first typed (mint) copy and while submitting the original copy applicant side lawyers ensure it is Oath Affidavit stamped / signed by an Oath Commissioner (if required as to that an affidavit is annexed to a particular application or not !) and then annex a affidavit and normally it is not submitted without stamp / signature of a Oath Commissioner.

2. If upon certified copy discovery it is found that even the original which is now material of the court records does not have stamp and signature then this Affidavit will not be taken on record and with fine / cost (discrition) she may be asked to submitt on date fresh affidavit. here you may object or not is purely your sides say based on proceeding stage.

Addendum: If based on filing such affidavit (oversight) has caused you any hurt then that becomes a point for  stay of proceedings (Order) if any announced and same can be set aside with valid reason.

However we have no clue which is which here untill certified copy is before you and its verocity is discovered accordingly hence till then above tricky justification may stay put as interim reply :-)  

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