Affidavit Amendment of Assets and Liabilities

651 votes

You should not panic. From the facts you shared, your right to claim maintenance and child support does not get defeated merely because of an affidavit mistake or perjury complaint. Family law and MC/GWOP proceedings are primarily concerned with the welfare of the child, and the father is legally bound to contribute irrespective of your assets. Even if amendment is not allowed in that specific affidavit, you can file additional affidavits, clarifications, or even move a fresh petition rather than withdrawing your case entirely. Courts generally take a liberal view where the welfare of a minor is concerned. My advice is: do not withdraw the MC case in haste. Instead, seek a strong second legal opinion, explore filing an application for rectification or fresh affidavit, and continue pressing for child support. Your child’s right to maintenance is an independent statutory right and cannot be denied because of technical errors.

Advocate Pavani Kumari LawRato

939 votes

Your situation involves two key issues – your ongoing MC and GWOP cases and the perjury case filed by your husband. Since you disclosed your personal earned assets but excluded family-owned assets registered in your name, your husband is claiming false statements. Perjury under law requires proving intentional concealment or false declaration, not just an omission. If you can show there was no malafide intent, you have a strong defense. Withdrawing the MC case is not mandatory, and doing so might harm your chances of getting maintenance and support for your child. Even if your lawyer says amendment isn’t possible, courts generally allow rectification of affidavits or filing additional affidavits, especially in family matters, to ensure justice. Here’s what you should do: 1. Consult a new, experienced lawyer immediately to review the case records and the affidavit. 2. File an application explaining the omission was unintentional and seek permission to submit the complete details. 3. Defend the perjury case by proving there was no willful suppression. 4. Continue your MC and GWOP cases, as these are crucial for your daughter’s future and legal custody. Do not rush to withdraw your case, as it may weaken your position and give your husband an advantage. The court’s primary focus will be the welfare of the child, and your honest disclosure will work in your favor. Taking timely legal steps now will safeguard both your and your daughter’s interests.

Advocate Sujith Kuchipudi LawRato