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(Guest)

Back dated affadavit filed along with the petition is valid

Respected Gurus,

please clarify my doubt below ,

on 2015 April 9 my brother's wife filed section 9 petition in the family court Barampur orissa, her advocate filed only a petition it was not accompinyed by an affadavit , the family court raised an objection stating that " there was no affadavit along with the petition "

then after 2 days i.e on 11th April 2015 they filed affadavit but that affadavit date is April 7 2015, i mean the sowrned date of affadavit is 7th April 2015 , my question here is BACK DATED affadavit is valid to the petition filed after that date ??

Please clarufy me 

Rishi 



Learning

 4 Replies

R.Ramachandran (Advocate)     21 July 2018

Do you mean to say that no hearing in the matter has taken place after April 2015?

Vijay Raj Mahajan (Advocate)     21 July 2018

What are the contents of the affidavit, it all depends on it. If on 7th April, 2015 sworn in date is with regards to contents in petition dated 9th April, 2015 held to be correct than this big blunder. The affidavit can be challenged as incorrect on this ground. The petition contents dated 9th April, 2015 can be said to be correct through affidavit sworn in on 9th or after 9th April, 2015 not two days before when the contents in the petition were not even written and signed by the petitioner.

(Guest)

Respected Ramachandran  Sir , 

Date of filing the petition :9th April 2015 on this day court raise objection stating that " affadavit should filed ",after twodays on the same affadavit represented the objection stating that " affdavit filed " but this affadavit of the back dated i.e 

7th April 2015 i.e the sworn date by the respondent in the affadavit , now my concern is advocate came on record is 9th April 2015 , how come the same advocate filed the back dated affadavit along with the petition. Hope I have clarified your doubt.

 

Regards,

Rishi


(Guest)

Respected Vijay Sir ,

Thanks a lot for your reply ,

what I can understand by reading your reply , the affadavit sworn date must be on or before 9th April 2015 by the petitioner as AOR filed petition on 9th April 2015 and he become AOR on 9th April 2015 , he cannot represend the 7th April 2015's sworn affdavit on 11th April 2015 . Am i right sir , please clarify me .

Regards,

Rishi


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