Reply of respondent without affidavit under oath

It has a point as why she has not confronted the truth via affidavit. Even you are stating that it's merely a say provided by her lawyer without her signature.So in my view her written say will not act as a bonafide in the divorce counter.you can ask your lawyer to highlight these issue in your divorce case but I don't think this matter will be useful in her DVA case due to the separate case of DVA.

Keen to know what's your lawyer has to say on this issue.

hi sufferer. thats exactly what i was thinking...i wanted to know this because there are many contradictions in her written say to my petition and in her DV petition. I intend to use that say to counter her claim in her DV petition. but because the affidavit is missing, i fear that these contradictions might not have that effect which would be there when an affidavit was placed. but i am going to ask my lawyer to request for an affidavit under oath for the say...

@ Fighting back . 

Normally if you notice the say in the file which lies with the court there would be a signature of your wife or her lawyer .  But the same copy that you have received may not have her signature nor her lawyers signature as this is just a copy given to you and at the side a small note must have been mentioned ( copy to Petitioner ).If you were not present for the hearing when her say was given your lawyer must have signed on the same stating copy received  . Next time check the say  or tell your lawyer the same in the file and you will observe her signature or her lawyers .  your wife at a later date would surely have  to file her examination in chief affidivat wherein she is duty bound to sign the affidivat . wait for same time and she will file for the same . when the affidivat is filed you can take a certified copy and submit it in the DV case stating the contradictions and  at the time of cross examination in her DV case bring out the truth. 

hi stanley, thanks a lot for your reply, actually the lawyers short signature is there, but the signature and affidavit of the respondent is not there, my DV case is slated for cross examination of the petitioner on the 10th of feb, and divorce case for argument is slated for a later date, i intended to take this affidavit along with her say to counter her DV case, i have many strong points of contradictions in her say and her DV case, however due to absence of affidavit, i am in a dilemma, you are right, that later on she will give her affidavit, but what about the earlier cross examination in DV case? can i ask the court to give another date for cross? as already the date was extended twice, but now i need it genuinely....thanks

There is no harm for your counsel to put up an application by his  junior counsel or give it in your hands on that date stating that the senior counsel is busy with some other work and hence cant attend to take up the cross today . And if i am not mistaken the judge cant do anything about this matter but give another date . Can the cross be taken without your Counsel , the answer would but  be no  The judge but natural would be forced to give another date and if you observe with the load of cases the judge face at courts due to the pendency of cases they are happy to provide next  dates .

You must be aware of the dirty tactics played in courts . 

1. Coming to court when it is about to close and hence the judge does not have time . 

2. Your opposite counsel will but natural come early for the cross wait from morning till afternoon get frustated and ask for the next date as youll are not present for the hearing .

This is the reason why court cases go on for years in india ??

first of all, if signature is missing in the petition which has been submitted to court then how come the filing is complete and proceedings are done. It doesn't matter if not signed in the copy given to you.