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shivani (housewife)     23 February 2019

Evidence on affidavit

My husband has filed a divorce case.his cross examine has been completed.. when i gave my reply of his divorce petition i didn't attach the relevant documents nor to the judge.. i only gave my breif written statement. Now soon i will have to submit my evidence on affidavit so can i attach my evidence through documents under my evidence on affidavit ? Will the judge accept that ?


 5 Replies

Vijay Raj Mahajan (Advocate)     23 February 2019

Yes you can do that but you need to get the documents exhibited namely get the certified copies of these documents if these are official records or get them admitted by the petitioner, if the documents are not exhibited then these will only be marked which court may not rely as valid evidence.

shivani (housewife)     23 February 2019

@vijay sir ok..thanks for your advice.. i will get the documents exhibited for sure.. can you please help me on one more query.. i filed for a dvact case and asked for an alternate accomodation because that time i was living at my parental home but my husband & inlaws refused to provide me an alrernate accomodation.later i came back to my matrimonial home. Then just to throw me out of my matrimonial home my husband & inlaws made an application under my dvact case that now they are ready to give an alternate accomodation.but i have refused for it.dvact judge passed this application in my favour stating it to b my sharedhousehold and ancestral inlaws have filed an appeal in the delhi high court against this trial court order.. so will the high court judge evict me from my matrimonial home just because i asked for an alternate accomodation wen i was at my parental home?

Dr J C Vashista (Advocate)     24 February 2019

You are entitled for sharedhousehold where your husband is residing or has his share. Otherwise you can claim and have rent for equivalant accommodation. 

What is the opinion and advise of your lawyer, who is better equipped with complete facts of the case, contesting / proceeding on your behalf, is able, competent and intelligent enough to guide and proceed. If you have lost faith in your lawyer change him/her immediately.

If you feel, you may contact me (on appointment) at: Ch. No 647, Lawyer's Chamber Block, Dwarka Courts Complex, New Delhi-110075 Cell # 9891152939 email : majjagdish@yahoo,com


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