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Surya (Manager)     19 August 2015

Can hami patra be marked as witness

Hi,

My wife filed 498a on me 4 yrs back. After getting bail I came to India. During that time, her relatives forced me for settlement and by threatening to confiscate my passport made me to sign on a stamp paper as hami patra for giving divorce and huge amount of money and properties. That hami patra was written addressing to a local politician (wife's family friend) that I'll agree whatever he says for settlement and also mentioned abt the money and properties. I checked with a lawyer and he told me that the paper is useless and I can sign it so that I can go back to US without any issues that time.

Now during my divorce case, they tried to mark the hami parta as witness which I opposed as it was written to someone else not to my wife and they don’t have any legal standing to use a letter that was written so someone else. But the petition was allowed in the lower court for marking subject to payment of stamp duty and penalty.

I'm thinking to approach High court as per my current advocate's suggestion. Can you please advise me on this approach?  Can Hami parta written to someone else be marked as witness in my case?

Thanks!!

 



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