Proof Affidavit in Family Court
Querist :
Anonymous
(Querist) 05 June 2011
This query is : Resolved
Respected Learned Members of this Forum,
I would like to know about Proof Affidavit that becomes presentable in the Family Court.
(1)Who has to present the Proof Affidavit? What are the contents of the same?
(2)When should it be presented?
(3)What is the maximum time within which it should be submitted?
(4) How does the Case / Proceedings at the Family Court proceed after the submission
of the Proof Affidavit?
Thank You one and all
Tajobsindia
(Expert) 30 September 2012
In reference to context;
1. The practice being followed by the Court is that the proof affidavit under R 4 / O XVIII CPC should be filed "at least" three days before the date fixed for examination of the party or witness.
2. However, CPC has not specified when the proof affidavit should be presented before the Court and it is left to the discretion of the Court conducting the trial. The Rules do not provide for any period within which the proof affidavit should be filed. In the absence of a specific provision in the Rule, it is in the realm of the discretion of the Court.
3. The cross examination of the witnesses takes place on the basis of the proof affidavit. The proof affidavit is in lieu of examination in chief.
