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Sunil G (.)     15 June 2013

Validity of counter affidavit filed with gpa in 482 quash

We filed for Quash of 498A under section 482. However complainant's father filed a counter affidavit with GPA- complainant did not sign the counter affidavit as she left country - her father signed it and sworn instead. Is it valid for her father to file a counter affidavit using a GPA? If it is not, how can we file something to ask the Judge to invalidate counter affidavit of Complainant's father?



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 3 Replies

Shantilal Pandya ( Advocate)     15 June 2013

 An affidavit filed by the GPA would be a valid affidavit  only if he has personal knowledge of facts stated in the affidavit ..

Sunil G (.)     15 June 2013

 Is it possible to ask Court to reject this CA on basis  that her father had no personal knowledge as he was not physically present with his daughter during the time of marriage.

reejas (advocate)     15 June 2013

only person aware of the factswould be appointed as GPA. WHILE SIGNING THE COUNTER he will sign as GPA .


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