Written affidavit

Amit (Querist) 09 January 2013 This query is : Resolved
I've filed a divorce and in return got DVC/RCR/Maintenance cases filed against me.

The arguments have started but she has not filed counter to my divorce petition whereas we've filed counters for all her cases.

During the first argument, she alleged orally (to judge) that my allegations are wrong and evidences are fraud.

My questions:
(1) Can we insist her to file written affidavit?
(2) She claims orally that my documentary is fraud, can I file any cases (fraud/defamation etc) on her?
(3) What if she claims the same in her written affidavit, what action can be taken?
I can prove her statements wrong but can we take any further action?

Thanks

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Daksh (Expert) 09 January 2013
Dear Amit,

The falsity of your wife's allegations will be taken care of at the stage of evidence before which the pleadings by way of reply and rejoinder needs to be completed by the parties. Even if one makes a oral statement you do have a right to get the same recorded by the presiding officer. Otherwise wait till the pleadings are complete. To prove her statement wrong you will be getting opportunity of leading your evidence and cross examination of other party's version. Hope this clarifies

Thanks and best regards

Daksh

Raj Kumar Makkad (Expert) 09 January 2013
I do agree with Daksh.

Amit (Querist) 10 January 2013
Thanks Daksh and Rajkumar.

One more question. Will all the cases (divorce, RCR, maintenance) be heard at once or one after the other?
The arguments are interlinked for all the cases.

Advocate Ramesh (Expert) 10 January 2013
in general all the three cases be heard different time. because the divorce case is filed by you where as the other two filed by her. But you have option to file a case in district court and get order so that all the three cases should be clubbed.