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Written statement Related questions.


18-Jun-2023 (In Divorce Law)
My wife suffer from Biopolar disorder hee lawyer submit written statement with my wife singnature? It's acceptable by court or not?
Answers (2)

Answer #1
740 votes
for filing any reply. written statement in any divorce case, civil procedure code is followed. under civil procedure code while filing written statement, the party needs to file affidavit and in verified way. for filing any affidavit, the person swearing affidavit, needs to be sound mind. under order 32 of civil procedure code, if any party to a suit is suffering from mental problems, illness, then on his or her behalf, the suit is to be proceeded by her or his next friend . in your case, if the wife is suffering from such disease, and the said fact required to be mentioned in the petition and that case if wife statement required to be submitted by her next friend. but if the wife denies the allegation of disease, then she may sign the written statement
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Answer #2
617 votes
yes it is absolutely acceptable since first the disorder is not of the kind that it incapacitate your wife's mental faculty and second even if some condition does it has to be at the time when she is signing the document or affidavit as the case may be. Tanmoy Chattopadhyay M.Sc (Net), LL.B (Delhi) Advocate High Court, Calcutta
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