125 cr.p.c - another affidavit with same allegations by wife

If the court has not considered it as affidavit of evidence, then a new affidavit can be filed.

Thank you Madam.

I filed counter also in which I mentioned about this disqualified affidavit.  Even after filing counter by me she will be able to file the affidavit with same allegations again second time.. Judge called for enquiry after i filed the counter...
 

Please let me know...

Your wife has the right to lead her evidence. It depends upon what kind of technical flaws the affidavit has so as it will not be considered as evidence affidavit. The court in any case will give her the chance to lead evidence by the way of the old affidavit or a new one.