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Gautam Joshi (ABC)     08 May 2013

Removing affidavit from record in dva case


Dear Forum


I am a respondent in Domistic violence case (DVA).


My wife instead of producing evidence during evidence stage has filled counter affidavit. Judge himslef opposed this but was finally agreed to take that on records.


This affidavit has got only sign of the notary without any seal and notary/court fee stamp(tickets). I opposed to this, but judge told me this to be valid.


Hence I accepted it but meanwhile filled an RTI seeking information if such affidavit can be considered valid. I have been vebaly informed by the RTI officer that it is invalid and I am to get the written reply on day of my next hearing.


I want to know, can I write an application to get the counter affidavit removed from the records, on the base of  the RTI reply?


Please reply urgently..


Thanks to all in advance


 2 Replies

Tajobsindia (Senior Partner )     09 May 2013

1. RTI reply is considered as Evidence as per Indian Evidence Act.
2. yes, you can file misl. Application with specific Prayer and follow it up till Apex Court one after another seeking stay of trial Court proceedings.

Remove your second thread posting with same text (query) by requesting admins / mods.


Ashwin   03 April 2018

Any updates on this

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