Child custody

Priyanka87 (Querist) 29 June 2016 This query is : Resolved
Respected experts,
I'm priyanka. My husband applied for child custody. Today my advocate went to give affidavit,and he is saying judge did not accept affidavit as the respondent(Me) was not present. I appeared on first date with my advocate,today is second date. Please let me know if respondents presence is necessary to give affidavit?

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venkatesh Rao (Expert) 29 June 2016
Normally not necessary. But the judge might have thought of putting some questions on affidavit. That's why he may done so.

Priyanka87 (Querist) 29 June 2016
venkatesh rao sir,today's affidavit is only about the advocate whom im going to engage for my case.

Adv. Yogen Kakade (Expert) 30 June 2016
Then in such case, it might be required for you to remain present before the court.

Priyanka87 (Querist) 30 June 2016
thank you sir

Rajendra K Goyal (Expert) 30 June 2016
Court may have felt the necessity of your presence.

ADV-JEEVAN PATIL, MUMBAI (Expert) 30 June 2016
Your affidavit needs to be presented by yourself

Dr J C Vashista (Expert) 06 July 2016
You need not file any affidavit to represent your case/conducting proceeding in the Court on your behalf, but execution of Vakalatnanma is sufficient and legal document.
Be precise and specific in your case/ statement for proper opinion and advise.
Consult your lawyer.

Priyanka87 (Querist) 06 July 2016
Dr J C Vashista sir,Vakalathnaama was already given by my advocate on first date in my presence, this affidavit states that "I'm the respondent and unaware of the court proceedings and need this particular advocates to represent my case". I hope I'm clear. Please let me know if my presence required now?

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