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BAIKUNTHA TANTI (Sr. Personal Assistant)     16 October 2014

Affadavit

J.M.F.C., Jharsuguda,Odisha has fixed a monthly installment of Rs.30,000/- as maintenance on the basis of affidavit filed by my spouse.  I have  appealed the District and Session Judge, Jharsuguda, Odisha for review. I want to file an affidavit.  Can I file the affidavit or not.  



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 6 Replies

Adv k . mahesh (advocate)     16 October 2014

you can file the appeal petition with all the relevant documents to show how much is your salary and any expenses, even medical expenses you can file

BAIKUNTHA TANTI (Sr. Personal Assistant)     16 October 2014

Sir,

I have evidence such as letters written by me and my spouse and the doctor certificate confirming her adultery.  Once she had left her matrimonial home on 27th January, 2004.   She has recorded the L.M.P date for the second child is 28th January, 2004 and gave birth to a male child on 11th November,2004.  She return back to her matrimonial home after 5th February, 2005.  27.01.2004 to 05.02.2005.  During this twelve month period 27.01.2004 to 05.02.20054 she was at her parent's house she was at her parent's house and I have not seen her during this period.

I have with me all the copies of letters written by me and the original medical card and letter written by her.

Petition has already been filed by my advocate, but no document has been attached with the appeal.

I want to file an affidavit ( evidence in the form of affidavit )attaching all the documents.  My advocate is not agree with me.  He state that this affidavit can not be filed and no further evidence can be put up to the District & Secession Court.

Please advise.........

With regards.......

Adv k . mahesh (advocate)     16 October 2014

on what charges she filed and petition for maintenance 

why asking because on appeal you have to prove your salary and you cannot pay that much amount 

BAIKUNTHA TANTI (Sr. Personal Assistant)     16 October 2014

She has filed a case under section 498a and 4 DP Act. I am attaching a file for your kind perusal.

I am determined not to pay a single pie on the ground "adultery".  


Attached File : 966707969 affadivit.doc downloaded: 124 times

Adv k . mahesh (advocate)     17 October 2014

why you waited all this days already 45 days have passed  the appeal limitation period is 90 days so before that you have to file the appeal affidavit 

and also check with your lawyer and prepare the affidavit accordingly 

BAIKUNTHA TANTI (Sr. Personal Assistant)     17 October 2014

Sir,

Petition has already been filed by my advocate on 8th Sept'2014 in the District & Session Judge, Jharsuguda, Odisha.  But, I want  to file evidence in the form of affidavit enclosing all the evidences.  But my lawyer is  refusing to do so on the plea "No Affidavit and no evidence" can be filed in District & Session Judge.   District Judge will decide whether the JMFC has done the right or wrong.  I doubt the integrity of my advocate. Kindly advise...............

With regards,


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