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Shreenath S Mahindrakar   22 March 2023

Affidavit or memorandum of facts with interim application in the courts of karnataka.

Dear All,

I am appearing as 'party in person' in matrimonial cases in Karnataka. I had filed 3 interim applications in the open court 2 months back. The court had accepted it without any affidavit or memorandum of facts at that time. Last week I filed 3 interim applications ONLINE (E-filing) and they have disapproved it mentioning that 'affidavit or memorandum of facts ' is not accompanied with interim applications. I need your advice as to whether I have to attach 'affidavit' or ' memorandum of facts' as I am party in person. Is there any exemption/relaxation as the interim applications are to be filed in matrimonial cases. 

Also need guidance as to where can I get the format of Affidavit or Memorandum of facts.

Please guide. 

Shreenath S Mahindrakar

HUBLI (Karnataka)


 7 Replies

R.K Nanda (Advocate)     22 March 2023

you will have to file affidavit with every application. format of affidavit is not fixed. for format search Google.
1 Like

Shreenath S Mahindrakar   22 March 2023

Thanks for your reply.

Can't I file 'Memorandum of facts' as  they are matrimonial cases and I am Party in person?.

R.K Nanda (Advocate)     22 March 2023

you can state facts in affidavit also.

Real Soul.... (LEGAL)     23 March 2023

Just  make an affidavit and state the facts there in on oath and notize that.

1 Like

T. Kalaiselvan, Advocate (Advocate)     23 March 2023

Instead of memorandumn of facts, you can file an affidavit incorporating the same contents in the affidavit, this will be more effective.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     23 March 2023

 Form of Interlocutory Application as in Form No.13:- If we go through Rule 53 of the Civil Rules of Practice, it is known that interlocutory applications shall be made as in Form No.13. This rule reads as infra: 53. (29) Form of Interlocutory Application:- Interlocutory applications shall be headed with the cause title of the plaint, original petition, or appeal, as in Form No. 13.

Shashi Dhara   26 March 2023

Engage advocate he will defend case.

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