Counter to be signed
RAMJI
(Querist) 11 December 2012
This query is : Resolved
In a crpc 125 case, the husband filed counter (named counter affidavit) as party in person with his signature alone,,,,, without any attestation from a advocate /notary.. is this acceptable?.. or can it be challenged.
1. difference between counter Vs counter affidavit? pls
Raj Kumar Makkad
(Expert) 11 December 2012
Counter means written statement against the petition and counter affidavit means the supporting affidavit of written statement or the written statement in the shape of affidavit.
In the given case, the supporting affidavit can be got filed even at the subsequent date though it would have been better had been filed with WS.
ajay sethi
(Expert) 11 December 2012
if husband has fiiled affidavit it has to be affirmed before a notray public or before registrar .
RAMJI
(Querist) 12 December 2012
Dear Rajkumar sir
1.Additional counter affidavit or supporting affidavit, which is to be done..
2. even in case of party in person @ In family courts, is it to be got signed by notary?
3.If not signed by notary, can it be rejected?
4. If so rejected, can we ask for filing another chance..(say in a week or so)
Regards
Ramji
Raj Kumar Makkad
(Expert) 12 December 2012
1. Supporting affidavit
2. Yes.
3. It has no value in the eyes of law if the same is not attested either by Notary or Executive Magistrate of that area.
4. No. Why to linger on the case and take such risk merely for Rs. 10/- or so necessary for notarization?
RAMJI
(Querist) 13 December 2012
Dear Mr Rajkumar sir
Thanks
V R SHROFF
(Expert) 13 December 2012
WS in form of Reply on verification , does not need affidavit.
Only on evidence, if allowed by court in Written affidavit need be on oath from Court suptd, or notary.
Raj Kumar Makkad
(Expert) 13 December 2012
Most welcome your appreciation Ramji.
