Wife filed complaint case 498a against husband & others in 2008. Husband was served NBWs and he rushed to High Court for quashing the proceedings u/s 482.
Initially a Junior counsel was engaged & he filed the pray/affidavit in HC. However the pray had many discrepancies and so husband engaged a Sr Counsel who then filed a corrected/supplementary affidavit.Basis the supplementary affidavit, the case was contested for next 2 years but then the pray was dismissed and referred back to Trial court.
Husband has approached SC for SLP, the counsel has shared the pray where reliance was placed on the original affidavit of HC. On asking the counsel, he stated that supplementary affidavit & corrected affidavit are different things. Since the original affidavit (irrespective of discrepancies) was never corrected by Sr counsel, hence reliance will have be placed.
Query:
The original affidavit had many discrepancies with dates of incidences, facts of case etc. If they will be used in SC, then we cannot present the true facts....Then how can the true facts can be presented in SC????
