Evidence procedure - Defective Affidavit
My wife filed a HMA 13B against me, and later followed it up with a CrPC 125.
I live abroad, so going to the court to present myself again and again is troublesome for several reasons - super expensive for my low salary, hard to get multiple days off work at short notice of 1 month, and visa issues that don't allow frequent travel to India.
Wife's side of evidence in 13B has completed. For my side, I went to submit affidavit on the hearing date. But that day court was closed as someone had died. We got a date for next day. Next day, the Judge was on vacation (had gone on 2 week holiday a couple of days ago...so was on holiday even on the actual hearing date). We submitted the affidavit in his Court, in the presence of opposing counsel.
My lawyer says that the judge can or will reject the affidavit as defective because he was not present at the time of submission of affidavit. IS THIS POSSIBLE? If so, under what statute, regulation, or procedure could he reject the affidavit as defective? ON WHAT GROUNDS could opposing counsel ask the judge to reject the affidavit as defective? Also, what is a defective affidavit - where can I find the definition? A simple Google search hasn't helped.
Asked 4 years ago in Family Law
Religion: Hindu
Could the Court have rejected the affidavit if I had submitted it in another Court while he was on vacation?
Asked 4 years ago