Divorce Case I have to file ?
Kumar Krishan Agarwal Advocate
(Querist) 24 December 2010
This query is : Resolved
My Ld Friends,
1. That I got a divorce case which I have to file before District Judge. I have completed all the drafting work but one point is bothering me that in the Affidavit page in last will I have to get attach from the "Oath Commissioner" OR "Notary Advocate" before I may get file at the Records room of D.J Court.
2. What the General & basic things or if any documents be annexed, I have to remind once again before filling the divorce case so that no error will primarily be occurred from my side.
yogesh
(Expert) 25 December 2010
Sir,
You can file from either side but its should be properly attested
Normally in pleadings which follows CPC/Crpc procedures It is highly recommended that it should be attested by Oath commissioner
In District Courts generally defects counter have certain leniency but not found in High Court/Supreme Court
Regards
yogesh
(Expert) 25 December 2010
As far as documents is concerned
INDEX
MEMO OF PARTIES
LIST OF DATES AND EVENTS
PETITION
AFFIDAVIT
ANNEXURES
In delhi Courts Kindly affixed the photograph of the parties at the capitataion head of the plaint
Attach the marraiage card and ID proof
When petition is admitted then process fees /RC to be completed contact ahlmad for details
I am not practising on these but telling on my personal experience
s.subramanian
(Expert) 25 December 2010
Yes. That is the regular procedure followed in family courts in India.
Kirti Kar Tripathi
(Expert) 25 December 2010
the affidavits sworn before the oath commissioners appointed by the District Judges are valid in the courts, which falls within the administrative control district judge only. However, an affidavit sworn before the Notary is admissible before every body, authority and Court. the family courts are within the administrative control of district judges.
Kirti Kar Tripathi
(Expert) 25 December 2010
the procedure to be adopted in family courts must be in accordance with the provisions of CPC. Mr. Yogesh has prescribed the procedure to be followed in High Court.
According to the provisions of C.P.C.
the following requirements are necessary.
1. plaint.
2 list documents on which parties rely.
3. process fee.
4. registered address of the party.
in family courts the photographs of the party, filing the case must be affixed on plaints.
B K Raghavendra Rao
(Expert) 25 December 2010
You need to file the petition before the Family Court. Oath Commissioner is sufficient for affidavits in civil matters.
You are required to file all the documents to establish the statements you are making in the petition. However, if you cannot lay hands to certain documents at the time of filing the petition, they may produced later at the time of evidence with the permission of the court.
Guest
(Expert) 25 December 2010
SIR,
YOU MAY FILE DIVORCE PETITION TO THE DIST COURT WITH SUPPORTING AFFIDAVIT DULY STAMPED FROM REGISTRAR OF THE DIST COURT.KINDLY NOTE THAT THIS WILL COST YOU LESS AS COMPARED TO NOTORY .
YOU HAVE TO ENCLOSE ADDRESS MEMO,PROCESS(COURT FEE STAMPS),VAKALATNAMA,LIST OF DOCUMENTS AND ALL ENCLOSERS.
YOU MAY KINDLY REFER SEC.13 OF HINDU MARRIAGE ACT AND CAREFULY DRAFT THE DIVORCE PETITION. GOOD LUCK.
Gulshan Tanwar
(Expert) 27 December 2010
1.Check list
2.Index
3.Memo of Parties
4.Petition
5.Affidavit
6.List of Documents with ANNEXURES
7.Rs. 15 Court Fees
8.Address form of the party/s.
9.Vakalatnama
10.File Cover
11.Two Copies of Plaint/Petition and
12.if something more is required and not available at the moment then an appropriate Application under the Provisions of CPC seeking exemption to file
documents.
Gulshan Tanwar
(Expert) 27 December 2010
Right Mr. Kumar Aggarwal and dont hesitate in asking anything as in my recent years I have also gone through this dilemma and further the filing counter will tell you the rest.
After the admitting of the Petition, then go with three copies one attached with envelope of requisite stamps along with process form
and afterwards then see the execution of the form and remain vigilant about the process as there is provision in CPC for rejection of petition if the other party is remained unserved.
