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Rashi (vv)     24 October 2009

is verification required crpc 125

please inform whether Verification of contents of Petition u/s 125 crpc is required ?

please inform whether Verification of contents of written Reply in case u/s 125 crpc is required ?



Learning

 14 Replies

Adv Archana Deshmukh (Practicing Advocate)     24 October 2009

yes

1 Like

Rashi (vv)     24 October 2009

I have been given a copy of petition u/s 125 which does not have verification by the petitioner . what should I do ?

Sachin Bhatia (Advocate)     24 October 2009

yes

1 Like

Rashi (vv)     24 October 2009

I have been given a copy of petition u/s 125 which does not have verification by the petitioner . what should I do ?

SANJAY DIXIT (Advocate)     24 October 2009

In my opinion "NO".

There is no need to veryfy the contents of Applicaion or Objections/ Reply U/s 125 CrPC.

If there is any application for Interim Relief, it should be supported by an affidevit. 

(The rules may vary from state to state.)

Kiran Kumar (Lawyer)     24 October 2009

even in my opinion verification of the application is not necessary.

 

however it must be supported by an affidavit duly verified as according to law.

 

make a proper compliance of Cr.P.C provisions regarding verification of affidavit.

A.P.Manoranjan (ADVOCATES & LEGAL ADVISORS)     24 October 2009

I agree with Sanjay sir.

valentine (Advocate)     25 October 2009

Verification at theend of the petition is for assuring that the contents are correct. Do we have any law requiring this? Is there any section in CRPC or the basic law that mandates it? What about applications directly by the applicants to many authorities without verification or affidavit? Please enlighten correctly with support of citations/rules.

 

Valentine

valentine (Advocate)     25 October 2009

When an application for the next year of maintenance is given to the court during the pendancy of the same case u/s 125 crpc, is verification/affidavit mandatory? Will the application be treated as a fresh case? Can it not be inserted as a part of the original case u/s 125crpc? What the technical/legal position in such a situation? We had a dispute in the disctrict court on this point.

 

valentine

prakash rajpurohit (proffessional)     25 October 2009

i agree with sanjay sir & kiran....Affidavit in support is must.....

vivek dhavalikar (advocate high court.)     29 October 2009

since it is application.only relief claimed is necessary.and not verification. this will be the part seen in affidavit.

Adinath@Avinash Patil (advocate)     09 November 2009

VERIFICATION  IS NOT NECCESSARYFOR APPLICATION U/S 125 OF CR.P.C.

Raghav Sood (Lawyer)     06 January 2010

it requires verification however if not done this defect does not uproot the petition

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     08 February 2010

Verification is mandatory only in civil cases.

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