Cheif affidavit in domestic violence case
Guest
(Querist) 04 June 2014
This query is : Resolved
Sir/ Madam,
I filed DV case in 2012. Received WS from other party and 340 application on me. Replied 340 and filed 340 on opposite party. Both 340 dismissed. Now statement recording stage is there.
My query is that my cheif affidavit has not filed in the court and my lawyer is not saying anything about it. Does cheif Affidavit is not required or it is required ?
Also please let me the format of chief affidavit so that I can prepare on my own.
ajay sethi
(Expert) 04 June 2014
we dont provide formats . your lawyer will do the needful
R.K Nanda
(Expert) 04 June 2014
no fixed format for it.
Rajendra K Goyal
(Expert) 04 June 2014
No standard format, formats not supplied in this section.
Guest
(Querist) 04 June 2014
Thanks, for prompt replies.
My basic query is does chief affidavit is mandatory to submit before statements or it can be skipped because my lawyer is quiet on this.
Shonee Kapoor
(Expert) 04 June 2014
Yes, it is must in Delhi atleast, I am not sure about your state.
Regards,
Shonee Kapoor
www.shoneekapoor.com
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Raj Kumar Makkad
(Expert) 06 June 2014
Procedure do not depend upon the mood of your lawyer. Evidence in chief is made in some Courts by way of affidavit whereas many courts do not insist to file affidavit rather oral evidence takes place in those courts consisting of chief and cross-examination.
V R SHROFF
(Expert) 06 June 2014
My opinion is same as that of Shri Raj kumarji .
chief affidavit is mandatory to submit before statements. it can NOT be skipped. UR DOUBT FOR lawyer HV GRD.
Oral Evidence is also sufficient, but Practice is to file Written Affidavit, so you are sure of what is recorded, and do not miss any important point+ Avoid any mistake/ negligence that may occur by bench clerk/ typist that may damage your evidence.
So file written affidavit, based on your Application.[ get it thru Advocate, to get best out of DV]
Your matter is delayed beyond expected 60 days.
you are quite about interim application u/s 23 to get immediate relief in your favour.
It shows, you must change your Advocate immediately.
