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Can I decline to be witness of extramarital affair


06-Jul-2026 (In Divorce Law)
My friend marry another friend. She is also my friend and she do affair leading to divorce proceeding. Now my friend is forcing me to be witness in matter. He threaten to summon me. What ground can I use to be neutral.
Answers (4)

Answer #1
618 votes
Hi there, if a person includes your name in his witness list then you cannot per se decline to be a witness. You will have to comply with the order of the court. However, you always have an option to apprise the court of the facts that you don't know anything about the matter and your name be stricken off as a witness. It's advisable to contact me and provide more details about the matter to assist you better.
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Advocate Ishan Parashar

Adv. Ishan Parashar

LawRato Delhi | 200+ Answers
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Answer #2
834 votes
Hi, if your friend issue summon through court than it will not harm you anyway. And if you want to avoid court proceeding then tell your friend if you receive summon through court then you will give statement against your friend.
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Advocate Shivam Shridhar

Adv. Shivam Shridhar

LawRatoDelhi | 5+ Answers
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Answer #3
693 votes
you cannot decline to be a witness in the matter if called by court. wait for any summons to be issued by the court. your friend cannot force you to be a witness without any court summons. for issuing summons your friend has to show to the court that you have witnessed some mishappening.
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Advocate Kunal Seth

Adv. Kunal Seth

LawRatoDelhi | 700+ Answers
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Answer #4
515 votes
Hi...you will need to file an application to quash the summons basis grounds such as bad faith or cause emotional distress without adding evidentiary value, the judge has the discretion to drop the person from the witness list.
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Advocate Kashu Shubhamoorty

Adv. Kashu Shubhamoorty

LawRatoDelhi | 25+ Answers
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