Affidavit in family court
RAVI
(Querist) 14 March 2012
This query is : Resolved
WATS THE SOLUTION??
My friend is trapped between a man n woman who were married bt the lady files a divorce case against her husband.my friend had became frnds with her bt nt any lover.even she too agreed.n he didnt do ny bad thing with her.bt she said him mails with kisses and he replied back.Now the husband comes and threnthens him for police case and in order to avoid that,he asked my friend to file an affidavit against her.My frnd who became very frithened filed an afidavit bt the husband changed the sentences while writing.But my frnd knws al these written in affidavit were false.If suppose hes cald to court 4 witness and he tells the court he wrote ithe affidavit due to the husband threatening him and he speaks truth which is not in the affidavit....what will happen to my friend?what shd he do to prove his innocence as he was badly threatend by the husband.My frnd knws the lady is nt that kind of person she is n doesnt want to put false allegation at her..he did a mistake my writing affidavit havinf wrong statements...WHA TO DO??PLZ HELP...I WANT SAVE MY FRIEND
V R SHROFF
(Expert) 14 March 2012
AFFIDAVIT is not a proof. To Prove, the deponent need be examined, and in his cross, if he says he did not red content of aff, Affidavit fails Totally,
Aff will have no value, no effect, unless proved on cross examination.
Advocate Rajkumarlaxman
(Expert) 14 March 2012
file a fresh affidvit contradicting to the earlier statement and affirm in court the same. tht the same was under coercion or whaever reasons you have
Raj Kumar Makkad
(Expert) 14 March 2012
Filing fresh affidavit shall be very difficult rather your friend can take pla while facing cross-examination that he is ignorant about the contents of the affidavit and further that he has signed the affidavit got prepared by the husband of that wife against whom your friend is going to give his evidence.
There shall not be any alleged punishment for your friend if he adopts the aforesaid modus operandi.
Deepak Nair
(Expert) 14 March 2012
Your friend is not at risk for sending any mails to that lady. In this case, only the lady can file a complaint against you and her husband do not have any right to file police complaint with regards to the said e-mail.
Your friend need not worry. Just appear in the court and deny the contents of the affidavit as advised by Mr.Shroff and Mr.Makkad above.
No punitive action lies against your freind in this case.
Shonee Kapoor
(Expert) 14 March 2012
Deny the contents of the affidavit.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
RAVI
(Querist) 14 March 2012
thanks to all for your supportive words.i am feeling very sorry for my friend..But i need a small clarification.....i read somewhere tat denying the affidavit is perjury..!!plz enlighten on this..n how my Friend should go through this as he is fearing the husband can do damage to him n his family....n moreover my friend talked to the husband's advocate(a lady) that he ws traumatized by him and my frnd told her he will speak against the affidavit.then she told him,if he does like tat..hes bringing more trouble to himself by turning hostile and then cross examination wil take place....shes asking my frnd to just admit the lady provoked him 4 all....WAT TO DO????
Shonee Kapoor
(Expert) 16 March 2012
Deny stating that it was taken under coercion.
That it was not explained to you in vernacular and so on.
There are a few ways out. I hope you have an effective lawyer on your side.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
RAVI
(Querist) 16 March 2012
my frnd is going to file fresh affidavit stating that he was under coercion by her husband and he didnt do ny mistake.n he doesnt remember wat all points were written as it was written by the husband himself and the husband had earlier told my frnd that his frnds had already written affidavit.so my frnd ws fooled.and he wants to get out of this mess...n hence will nt support either of them....in fact the lady herself is asking him to write watever he wants to put n nt to write to help her out.in fact to get my frnd out himself.....WAT DO YOU SAY SIR(TO ALL)
