caps (x) 03 December 2014

Missing affidavit

my brother's wife filed a 498a three days after receiving divorce notice. We all got bail. Now the problem is, the affidavit page of the complaint under 156(3) in a 498A case is missing which came to notice during issuance of certified copy of the same. although in the unofficial copy collected earlier it was there. There was something very important [from our point of view] claim was made in that affidavit. what can we do now about it? can we show/ bring to notice of the court the affidavit page of unofficial copy [which only got her lawyer's full & short signature] which is missing? what are the ramifications of this missing page for the case?

Thanks .

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5 Replies

adv.raghavan (Advocate,9444674980) 03 December 2014

Not a good idea, if you go ahead with the same, u have to prove the existence of the same.

caps (x) 03 December 2014

does this missing affidavit affect the case in anyway? or is it a totally irrelevant issue to the court? I mean a complaint of which the affidavit part is missing during period of investigation isn't it a serious issue? what steps can we take if any?

thanks.

T. Kalaiselvan, Advocate (Advocate) 04 December 2014

This matter can be brought to light during trial and cross examination of the witness, where the complainant can be drilled about the veracity as also the affidavit form of pre-trial evidence.