Upgrad LLM

format for evidence affidavit/affidavit in chief for mcd


Hello All,

After first motion of MCD, I have got next date for filing 'Evidence Affidavit/ Affidavit in chief'.

Is it going to be the similar kind of affidavit which both the parties file at the time of first motion?

Do I need to again repeat all the points of Main MCD petition again in Final Affidavit?

Please share the format if anyone have it.

Thanks in advance.

 
Reply   
 

No format.   All facts are to be mentioned in the affidavit.    Arguments shouldn't be.

It should be attested by an Advocate, signed by the Dendants or their Counsel as a token of acknowledgement and presented to the Court.

An unattested copy of the Affidavit should be supplied to each of the Defendants.

 
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Lawyer

In a mututal consent divorce case no evidence is required for first or second motion.

Who have asked or advised you for evidence by way of affidavit as examination in-chief in a MCD case ?

Prima faice it is a hypothetical timepass topic for debate.

 


Total likes : 2 times

 
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According to the first para of the Query, naturally the Judge told to file an Affidavit.

There're three possibilities:

1.The Judge erred.

2.The Questioner lied.

3.If the Judge erred, Appeal or filing an Affidavit is the remedy.

I don't see any harm to obey the Judge even if he erred.

Dear Experts and Members!      If this Reply of mine is just out of my ignorance, I request you not to curse me but enlighten me.

Not only help but also enlightenment may be the motto of lawyersclubindia.

With due apology I refer the Experts and Members to my profile.

 
Reply   
 

The answer is: YES.     Order XVIII, Rule 4.     Any Chief                 ( plaintiff's, defendant's, respondent's or witness's ) should be on Affidavit.

The Affidavit needn't be notaried.      Any Advocate's attestation is enough.

 
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Not notaried but notarized.

 
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