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Sir my friend is a 35 year old and physically handicap and govt employ. He got married one year back. Now undergone surgical operation for the betterment. After getting operation his wife left him and kept quite for two months and even from her parents to

Is affidavit taken by them is legal?
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On this background can he apply for divorce?
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She is well educated but she not working so, is he has to pay maintance
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Author Topic: How effective an affidavit is (as an evidence of misconduct) ?  (Read 889 times)

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Offline Paramesha

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Sir my friend is a 35 year old and physically handicap and govt employ. He got married one year back. Now undergone surgical operation for the betterment. After getting operation his wife left him and kept quite for two months and even from her parents too. Now she is called him few times and telling him to come again. But he and his family wants a affidavit that she will not do this again and they also need to mention that he did't taken any dowry. My questions are as follows
1. Is affidavit taken by them is legal?
2. On this background can he apply for divorce?
3. She is well educated but she not working so, is he has to pay maintenance

kindly help

Offline advkkreddy

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Re: How effective an affidavit is (as an evidence of misconduct) ?
« Reply #1 on: November 28, 2014, 10:12:23 PM »
the husband and wife can sign a MOU with witnesses for this purpose.
how much will it help in court is entirely on how the matter is presented before the judge if at all required.

regarding  affidavit:  affidavit means a self declaration that whatever i have written here is true to my knowledge, its more of a oath.

now you cannot ask a person to do or not to do in an affidavit, thats not valid, court won't hold that as a  legal document, but socially well amongst common man such practice are prevalent and it does work as a deterrence.

your final question yes the wife has a right to maintenance and right to residence
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Offline Paramesha

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Re: How effective an affidavit is (as an evidence of misconduct) ?
« Reply #2 on: November 29, 2014, 05:38:38 AM »
Dear advkkreddy Sir,


 September 28, 2014, Sri. advRanjithRajagopal  Jr. Legal Expert, posted to ankita1989, that the affidavit is a statement made under oath it is very effective, but why would he do such a foolish thing.

and following are the question asked by ankita1989,
How effective an affidavit is (as an evidence of misconduct) ?
Can I furnish the affidavit in court as the evidence of his misconducts?

Which one is correct sir.... your answer or Sri Ranjith Rajagopal....
Pls help my friend....

 

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