while fling chief affidivit is under order 18 rule 4 for divorce in obtaing expartee divorce is plaint physical apperance is compulsory? and attestation to cheif affidivit is must or not?
dec17 (student) 14 October 2010
while fling chief affidivit is under order 18 rule 4 for divorce in obtaing expartee divorce is plaint physical apperance is compulsory? and attestation to cheif affidivit is must or not?
niranjan (civil practice) 14 October 2010
Yes Your presence is necessary for verification by the court.
adv. rajeev ( rajoo ) (practicing advocate) 15 October 2010
Yes it is must. If you take oath before the oath commission your sign is necessary in the register maintained by the oath commissioner and your presence is necessary because to get mark the documents you have produced before the court and your presence is necessary to take oath before the court after entering the wittness box. Judge will ask about your signatures on the affidavit
dec17 (student) 15 October 2010
Thankyou very much
IT IS TRICKY PLS READ CAREFULLY AND GIVE ANSWERS
Here in one case THE person is NRI filed divorce by misleading the court and fraud played upon the court .THE MARRAIGE WAS PERFORMED ON 22.2.2008 AND THE DIVORCE PETITION FILED ON 4.10.2008 I.E BEFORE THE LAPSE OF ONE YEAR under sec14 .And whent it went for check and put up the petition was dismisssed THAT ON GROUNDS OF FRUTURIOUS and on the same petion the numbering was done after one year I.E ON 26.2.2009 BUT THE PETITION SHOWS IT WAS RECEIVED BY THE COURT ON 4.10.2008 AND O.P NUMBER WAS DONE ON 26.2.2009. HOW THE PETITION WAS ACCEPTED?AND UPTO FOUR MONTHS WHY THE COURT KEPT THE PETITION WITHOUT NUMBERING?
THE SECOND THING IS WHILE FILING THE PETITION AS INPERSON THE PETITIONER IS NOT IN INDIA EVEN THOUGH IT SHOWS THE PERSON IS PRESENTED ON SAME DATES HE WAS IN INDIA AND COURT RECEIVED THE PETITION ON SAME DATES I.E ON OCT 4.10.2008 WHEN HE WAS RESIDING IN OUTSIDE INDIA THE R/O ADRESS WAS GIVEN HIS PARENTS ADDRESS.
THE THIRD THING IS THE NOTICES WERE SEND TO THE VACATE HOUSE OF RESPONDENT BY KNOWINGLY. WITHOUT KNOWING THE RESPONDENT REGARDING THE DIVORCE.
THE FOURTH THING IS THE PETITIONER CAME TO INDIA ON APRIL 2009.AND IT IS HIS FIRST APPEARENCE FOR DIVORCE AND THAT TIME HE ENGAGED A LAWYER AND THE LAWYER FILED THE PAPER PUBLICATION SAYING THAT WE DONT KNOW WHERE THE RESPONDENT IS THE ONLY ADDRESS WE KNOW THAT ONE ONLY. AND ASKED FOR PAPER PUBLICATION. AFTER THE PUBLICATION THE PERSON IS EXPARTY AND AFTER EXPARTY IT WAS TIME TO GIVE EVIDENCE ON 8.6.2009. AND HERE ALL OF SUDDEN THE RESPONDENT LODGED 498A AGAINST HIM SO DURING THE TIME OF EVIDENCE THE PERSON IS LODGE IN JAIL ON 8.6.2009
THE FIFTH THING IS THE RESPONDENT DONT KNOW THAT DIVORCE PROCESS IS RUNNING..ALL OF SUDDEN SHE LODGED 498A.AND THE PERSON WAS ARRESTED.AND KEPT HIM JAIL ON 8.6.2009 UPTO HERE IT IS ONE PART
THE SECOND PART IS THE PERSON RELEASED ON BAIL ON 9.6.2009.
AND LATER THE 498A AND DV ACT FILED ON HIM. SO ONE FINE DAY I.E ON 10.O2.2010 THE RESPONDENT VISITED THE OLD NEIGHBOURS HOUSE AND SHE CAME TO KNOW SHE GOT DIVORCE NOTICES TO VACTE HOUSE WHEN SHE WENT TO COURT AND FOUND REGARDING THE DIVORCE SHE FOUND HIS HUSBAND OBTAINED EXPARTEE DECREE ON 8.O6.20O9
LATER THE RESPONDENT SETA SIDE THE PETITION BY SAYING THAT THE PERSON WAS LODED IN JAIL AT THE TIME OF GIVING EVIDENCE AND CHIE AFFIDIVIT SHOWS THE ATTESTATION HE WAS SOLEMNLY AFFIRMED AND SIGNED BEFOR HIM AT DIVORCE COURT PLACE SO WHO IS THAT PERSON PRESENTED FOR EVIDENCE WHEN THE REAL PERSON IS IN JAIL.
SO THE COURT RECOGNISED THAT HE HAS MISLEAD THE COURT AND PLAYED FRAUD UPON THE COURT BY INVOLVING VARIOUS OFFENCE OF IPC INCLUDING WITH HIS LAWYER AND ATTESTATION ADVOCATE AND REFFERED THEM TO BAR COUNCIL
SO ATTESTATION ADVOCATES BE CAREFUL WHILE FILING THE AFFIDIVIT
THE INTELLEGENT NRI AND INTEELIGENT LAWYER EVERYONE WAS IN SOUP NOW
ANYBODY CAN HELP THEM?