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Spatika   16 June 2025

Evidence by way of affidavit

I have few clarifications requested from legal experts.

In evidence affidavit submitted at commencement of trial,

1. Can I details the facts needed to give clarity as in petition some of the facts are not in detail, which if detailed will help I feel.

2. I have got permission for additional documents and already submitted copies along with that petition .

Now to  mark them as exhibits  do I need to submit originals of all the copies of documents or can I show originals and take them back in family court. Will the copies already submitted be compared with originals and returned back?

In Such case can I msntion the exhibit in evidence affidavit as "True copy" of document dated.....

3. Do I need to include prayer in evidence affidavit?

Can experts share your kind inputs for the same pls.

 



 4 Replies

T. Kalaiselvan, Advocate (Advocate)     16 June 2025

Your questions seeking clarifications involve practical situation which your advocate will be able to guide you properly and it is presumed that you have engaged the services of an advocate because you have asked too many questions without even understanding what actually you want to clarify.

However, if you have already testified yourself as witness and marked the documents as exhibits and if you want to add additional documents you may have to file a petition to recall yourself  for filing additional documents for the reasons you may have to state in your petition accordingly.

If some of the original documents are very vital which you cannot spare to file them in court then you can bring those original along with the photocopies of the said documents, get it compared and file the photocopies before the court with the leave of the court. 

You may better be in touch with your advocate on all such further issues so that you don't mess up things without knowing the procedures of law. 

P. Venu (Advocate)     16 June 2025

What type of case? In which Court? 

To my knowledge, evidence through affidavit could be filed only with the permission of the Court unless so privided by the Statute.

R.K Nanda (Advocate)     16 June 2025

Take help of local lawyer for proper legal guidance. 

Dr. J C Vashista (Advocate )     17 June 2025

Affidavit of evidence can /shall not be asked or submitted at the time of filing petition and commencement of trial in a family court, as stated by you.

Prima facie your facts vis-a-vis queries are premature and hypothetical.  However, if these are true facts, seek opinion and advise of your lawyer, if you have not lost your faith in him/ her (your lawyer).


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