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Guidance on Affidavit & Party-in-Person Filing in Sec.125(3) CrPC


30-Sep-2025 (In Divorce Law)
I am Respondent in a Sec.125(3) CrPC execution case at Berhampur Family Court. I’ve paid full maintenance and want to submit an affidavit with proof. As I live in Ahmedabad, I cannot appear personally and prefer to file Party-in-Person. Can I send the notarised affidavit with annexures and a Party-in-Person application by registered post to the Court, with a copy to the opposite advocate? Is there any prescribed format under Odisha GROC?
Answers (1)

Answer #1
694 votes
As flows from your query, you stay outside Odisha and you want to file affidavit along with proof of payment. It is your right that you may appear without a counsel and in person. But given the situation you are in, it is advisable to hire a counsel and accordingly, he will appear on your behalf and file the affidavit and the documents, which would exempt your appearance from the Court. But it will not be appropriate to post the documents to the Court as your presence will not be there to explain the documents to the court which may incur adverse action against you by the court. Your absence may create more legal issues before the Court.
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