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engineer222 (none)     25 April 2012

Proof of affidavit

what is PROOF OF AFFIDIVIT?

background: - the maintenance case was dismissed since wife is not attending and judge asked husband to come again for submission of proof of affidivit,

1) what is PROOF OF AFFIDIVIT?

2) can i submit this with out my lawer

3) it is some kind of form that i need to fill and submit on that hearing day

4) where can i find that form

5) is that some form will be given to me by judge to sign in front of him?

6) what shall i write on that form - proof of affidivit

7) do i need to submit ID proof along with that?

 

thanks for your answers.



Learning

 7 Replies

Deepak Nair (lawyer)     25 April 2012

This is the Evidence in Affidavit.

You are required to furnish all your documentary evidence (original) under an affidavit. it has to be sworn before either a notary or registrar of the court.

Identification of the advocate is necessary.

Better to do it through your loawyer.

engineer222 (none)     25 April 2012

"This is the Evidence in Affidavit.

You are required to furnish all your documentary evidence (original) under an affidavit. it has to be sworn before either a notary or registrar of the court.Identification of the advocate is necessary.Better to do it through your loawyer.""

Sir, thanks for reply,

1) i have a problem with my lawer as he is not co-operating and not even coming to court., can i go with a new lawer OR will court ask for original lawer who filed the case to come ?

2)Also, i Do-Not have any evidence , only thingi have is the marriage certificate. so what shall i putforward?

Adv. Chandrasekhar (Advocate)     25 April 2012

You have to engage a new advocate.

Your entire case depends upon the statements you make in your affidavit (which is called Evidence in affidavit or evidence by way of affidavit).  So, you have to narrate entire facts in your affidavit.  The facts which are not supported by way of documents are called "oral evidence".  Further you have to refer to the documents, which you have already filed on the court record, by giving them appropriate Exhibit markings.  You can also further attach the new documents, which you want to bring on the record (there would be haggling about this aspect in the court, if opposite lawyer objects) and also give them appropriate exhibit markings.  You cannot do all these things yourself.  A lawyer is must for this.  After filing of this affidavit, the opposite lawyer will cross examine you on the basis of the statements made by you in your affidavit.


(Guest)

Dear Engineer

Its means that in non presence of your wife court has passed order in your favour and ends her opportunities to file her evidence.

Now you have to produce your favour with documents or witness if any with a supporting oath affidavit.

than court will pass the order in your favour & dismissed the case.

BUT MY ADVISE ALSO IS

that your wife not appearing in court it means or probabaly or possible that she is feeling.

You have to contact her or her family members for sattele your life.

Don't try to break yur life- try to save one time- give her a opportunity. may your life will be happy.

engineer222 (none)     25 April 2012

Sir Adv.Chandu... the opposite lawer is not coming and no one is coming . its just me standing in court hence judge is going for exparte.

engineer222 (none)     25 April 2012

""R. K. Prajapati"" with a supporting oath affidavit."

judge asked me --> come for PROOF OF AFFIDIVIT in next hearing. so that means i have to take some affidivit sworn and submit to court??

how to do it?

sudheer (unemployed)     12 May 2012

Dear Friend,

please mail me,i will send sample chief evidence affidivit , my email id: sudheerkumar_76@yahoo.com


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