Harrased Male (xxxx) 11 October 2012

witness

Dear Learned people,

I had filed for Divorce in Family Court Mumbai, almost 16 months back. The Lawyer who made my petition, made it a very lenghty one, approx 50 pages. There has been a counter DV filed by my wife thereafter. The stage has reached where I am supposed to file my Affidavit / Evidence.

My Current lawyer has prepared the Affidavit word to word copy of the Petition. Only change made by him is to replace the word "Petitioner", with "I say".

My querry is

1. Does the evidence / affidavit need to be an almost replica of The Petition?

2. Can we just extract main points for arguements from the petition and incorporate it in the Affidavit, keeping it brief and to the point, instead of the entire story?

3. Can we add certain developments that took place after filing the Petition, in the Affidavit?

4. Her father has filed a false complaint against me, accusing me of demanding money. Can I summon him as a witness to prove the same?

5. Do documents submitted in xerox (of which I dont have the originals) will be accepted by the Court as Documents of Evidence. Its her handwritten Love Notes to her parmour in her own Handwriting.

Kindly advice.

Regards

Reply Follow

6 Replies

sam munjal (na) 11 October 2012

mumbai mein kitne time ki date dete hai

stanley (Freedom) 12 October 2012

Originally posted by : Harrased Male

Dear Learned people,

I had filed for Divorce in Family Court Mumbai, almost 16 months back. The Lawyer who made my petition, made it a very lenghty one, approx 50 pages. There has been a counter DV filed by my wife thereafter. The stage has reached where I am supposed to file my Affidavit / Evidence.

My Current lawyer has prepared the Affidavit word to word copy of the Petition. Only change made by him is to replace the word "Petitioner", with "I say".

My querry is

1. Does the evidence / affidavit need to be an almost replica of The Petition?

It is not necessary that that the affidivat should be the same as the petation it can be rephrased but should include the main subject matter and should not deviate from it .Some lawyers do this as it is easy work for them .

2. Can we just extract main points for arguements from the petition and incorporate it in the Affidavit, keeping it brief and to the point, instead of the entire story?

Answered above

3. Can we add certain developments that took place after filing the Petition, in the Affidavit?

4. Her father has filed a false complaint against me, accusing me of demanding money. Can I summon him as a witness to prove the same?

why not you can summon him and cross examine him

5. Do documents submitted in xerox (of which I dont have the originals) will be accepted by the Court as Documents of Evidence. Its her handwritten Love Notes to her parmour in her own Handwriting.

Yes you can but it would have to be certified by a Forensic expert

Kindly advice.

Regards

rajiv_lodha (zz) 12 October 2012

1. Does the evidence / affidavit need to be an almost replica of The Petition?

Yes most of the times. U may remove un necessary parts carefully, but can not add the things....... remember.

2. Can we just extract main points for arguements from the petition and incorporate it in the Affidavit, keeping it brief and to the point, instead of the entire story?

Replied above

3. Can we add certain developments that took place after filing the Petition, in the Affidavit?

U must have submitted these developments via REPICATION. this was allowed after girl submits her WS. this was very useful step. Anyhow u may file ammendment application......that wil be contested by opp party, mostly allowed.

U can not bring new facts directly in ur affidavit, take care.

4. Her father has filed a false complaint against me, accusing me of demanding money. Can I summon him as a witness to prove the same?

Which case exactly he has put upon u?

5. Do documents submitted in xerox (of which I dont have the originals) will be accepted by the Court as Documents of Evidence. Its her handwritten Love Notes to her parmour in her own Handwriting.

U have to produce originals if these are hand written love letters to gather points.

swasti (Manager) 12 October 2012

Should the petitioner file affidavit before filing IA for amending the main petition?

The petitioner filed IA to amend the main divorce petition by adding new ground 'mental cruelty' . But the petitioner has not filed any affidavit on main petition yet, and now pressing to get the IA allowed. So, in this context, can respondent ask for affidavit before deciding the IA?

stanley (Freedom) 13 October 2012

Originally posted by : rajiv_lodha

5. Do documents submitted in xerox (of which I dont have the originals) will be accepted by the Court as Documents of Evidence. Its her handwritten Love Notes to her parmour in her own Handwriting.

U have to produce originals if these are hand written love letters to gather points.

Not necessary in the cross you can make her write a few sentences in front of the judge more a less related and the comparasion in the handwriting can be noted and it can be shown to the judge