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(Guest)

affidavit and deposition in divorce case..

In my case counter filing is over, and on next date she is supposed to file affidavit. So, that time can my advocate for deposition so as he can ask her questions? Can I insist for deposition instead of simple affidavit filing?



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 3 Replies

Ravindra C (Professional - Verifications and Forensics)     11 November 2010

Dear Sonu,

You need to mention the full details of the case for an early response from the members. Please mention the details of who is the petitioner and who is the respondent, when was the case filed and so on. Thanks.

Ravindra

Mugundhan (Lawyer)     11 November 2010

If a witness deposes his chief examination by getting into the witness box , it is recorded by the judge and it is termed as deposition. If he files his chief examination in writing, it has to be through affidavit which is usually termed as proof affidavit. In any case the opposite party has the right of cross examination.

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(Guest)

 

Originally posted by :Sonu
"
In my case counter filing is over, and on next date she is supposed to file affidavit. So, that time can my advocate for deposition so as he can ask her questions? Can I insist for deposition instead of simple affidavit filing?
"

Sorry for the missing details.. The divorce was filed by wife 1.5 years back and the counter was filed by respondent, ie. husband,  on last date. My query is about if wife required to file the affidavit on next date and is it mandatory to file affidavit by petitioner? Anyway, if she files the affidavit in writing, can respondent's advocate ask for deposition so as he can ask questions?


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