Require a format make the other party to admit facts
friend
(Querist) 26 December 2014
This query is : Resolved
sir,
my file has filed a divorce case and maintenance case under sec 24 of hma.
she has not filed any affidavit or statement in the maintenance regarding her education and job.
how to make her to file a affidavit regarding her eucation and job.
i read that we can file it under section 30 of cpc. i want her admit her qulification and employment status.
how to do it.is the section 30 of cpc correct? or there is any other section?
i request u all to give a format for the same.
thank you.
Dr J C Vashista
(Expert) 26 December 2014
@friend,
1. Anonymous query is not entertained, donot be oversmart and adopt the name of your choice for getting benefit of charitable legal advise from the experts in their field.
2.How are you concerned with the litigation between a friend and your "file"?
3. If she has not filed affidavit with the application point it out to the court at the time of arguments on the application. 4. File another application before the Court after collecting evidence of her employment and qualification. However, despite the fact she is employed she can seek maintenance pendente lite, how does the provisions of Section 30 CPC apply here,which is irrelevant in the given circumstances.
5. Seek advise/guidence from a local teacher/tutor or lawyer for correct provisions applicable in the instant case, if you want to learn, however, you have choosen a wrong platform to teach law.
P. Venu
(Expert) 26 December 2014
You have the option of countering the particulars of her education and job through your affidavit/pleadings.
ajay sethi
(Expert) 26 December 2014
in your written statement you have to state that your wife is not entitled to any maintenance as she is highly qualified and working
Devajyoti Barman
(Expert) 26 December 2014
Unless you have some prima facie evidence on her employment mere asking to file affidavit would not yield any desired result.
Rajendra K Goyal
(Expert) 26 December 2014
Gather evidences of her educational qualification and employment and submit before the court.
T. Kalaiselvan, Advocate
(Expert) 27 December 2014
The burden to prove your allegation lies on you, you cannot force her to file an affidavit of your desire, it is against law.
