Divorce - Claim affidavit

Adv. Deepak (Querist) 05 September 2009 This query is : Resolved
Respected Members, Kindly advise me. I am a petitioner in divorce case and matter posted for filing claim affidavit. Can I include in my claim affidavit the facts regarding the issues that have appeared in the written statement of respondent and which I have not pleaded in my petition. Is it possible for me to do so. Please extend your valuable guidance. Regards.

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Raj Kumar Makkad (Expert) 05 September 2009
Yes. why not. If facts brought by respondent are mentioned in the her written statement, you have also to clarify all those in your claim affidavit. The pleading either brought by petitioner or respondent has same value and both the parties are free to lead their evidence accordingly.

Sachin Bhatia (Expert) 05 September 2009
agreed with Mr. Raj Kumar

Vijyant Nigam (09807349001) (Expert) 05 September 2009
agreed with Mr. Raj Kumar and Mr. Sachin Bhatia

Vijyant Nigam
Advocate
High Court
Lucknow
9794208026

Sarvesh Kumar Sharma Advocate (Expert) 05 September 2009
yes ofcourse.

Kiran Kumar (Expert) 05 September 2009
Deepak Ji,

for adducing evidence keep one thing in mind

"Evidence can not be beyond pleadings"

u can use the written reply of other party to assert or deny certain facts....afterall u ve to prove ur case.

Adv. Deepak (Querist) 05 September 2009
Respected Kiran Kumarji, Can I go beyond assertion or denial of facts mentioned in written reply of other party and bring on record what is the exact truth of those facts. Will it be termed as evidence beyond pleadings. Is there any other remedy to bring such explanation on record. Your valuable advise is high appreciated. Regards.

Adv. Deepak (Querist) 05 September 2009
Respected Raj Kumar Makkad, Sachin Bhatia, Vijayant Nigam, Sarvesh Sharma, Sirs, Thank you very much for your expert clarification. I got the correct idea about the subject.

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