Maintenance case!

Querist : Anonymous (Querist) 29 January 2012 This query is : Resolved
How a petition u/s 125 of CrPC can be accepted which –

(i) Has no verification page.

(ii) Which has the page for AFFIDAVIT but it is neither signed by the complainant/petitioner nor has signature/seal of the advocate’s clerk as mentioned on the page of AFFIDAVIT.

(iii) The petition is only signed by the complainant/petitioner on each page of the petition except the page of AFFIDATVIT.

Suggestion Please!!!

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Devajyoti Barman (Expert) 29 January 2012
The maintenance petition u/s 125 crpc does not require affidavit.

However if the petitioner claims for interim relief then only the interim petition requires to be compulsorily duly sworn in affidavit.
In any case it is a procedural error and can be corrected by filing another petitioner supported by affidavit.

Concentrate on merit of the petition than it procedural irregularities.

V R SHROFF (Expert) 29 January 2012
These errors can be corrected , as Maintenance to wife and children cannot be denied, in a case where fault is on the Part of his advocate.

Shonee Kapoor (Expert) 30 January 2012
Minor technicalities.

Concentrate on the main thing, reducing/ denying maintenance.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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