Identity Proof for filling the Suit
sankarnath
(Querist) 08 February 2014
This query is : Resolved
Is it necessary to file a suit with the identity proof otherwise non-maintainable?
Dr J C Vashista
(Expert) 08 February 2014
It varies from case to case, give full particulars for specific opinion, such as if you want to file matrimonial case/suit identity and residential proof is necessary, any property suit donot nesseciate.
It also differs from one High Court Rules to the other.
sankarnath
(Querist) 08 February 2014
It is a divorce suit filed by wife on cruelty and desertion
sankarnath
(Querist) 08 February 2014
It is a divorce suit filed by wife on cruelty and desertion
Devajyoti Barman
(Expert) 08 February 2014
dntity proof need not be filed at the time of filing of any suit let alone divorce.
I wonder why you have rasied this query.
T. Kalaiselvan, Advocate
(Expert) 08 February 2014
sometimes proof of residence may have been insisted, if so, there is no wrong because it is required to decide about the jurisdiction.
sankarnath
(Querist) 08 February 2014
The bench clerk asked Respondent to file his Voter ID Card at the first appearance and he obeyed moreover the voter list has been showing the maiden name of wife for last 18 years since her marriage that is also a criminal offence under Indian representative Act
Dr J C Vashista
(Expert) 09 February 2014
Dear Sankarnath,
First of all the case is filed by petitioner and not the respondent, wherein respondent files his/her counter reply/affidavit.
Secondly the respondent need not fie his/her ID proof.
Next you are mixing up the real dispute with some other, as I could gather from the statement/query you have made out here, i.e., matrimonial dispute and "also a criminal offence under Indian representative Act" are two different circumstances of different disputes/ issues. Be specific for forming a proper opinion/advise.
sankarnath
(Querist) 09 February 2014
Dr. Vasishta,
Thanks for your assistance on the score. Actually I am definite about the later and I tried to justify myself to Adv. Barmanjee.
sankarnath
(Querist) 09 February 2014
Dr. Vasishta,
Thanks for your assistance on the score. Actually I am definite about the later and I tried to justify myself to Adv. Barmanjee.
prabhakar singh
(Expert) 09 February 2014
In all kind of suit a party needs to be identified and such identification is done by the counsel of the party.In case of dispute of impersonation ID proof can be insisted by court.No wrong.
ajay sethi
(Expert) 09 February 2014
it is not necessary to file identity proof . if your wife has filed for divorce ast it is she must have attached your photographs to the divorce petition . you have to merely file your wriiten statement
Devajyoti Barman
(Expert) 09 February 2014
Raise this issue with the presiding officer of the court. I still feel no such demand can be made at al.
Dr J C Vashista
(Expert) 09 February 2014
In all matrimonial cases (RCR) (Divorce) (MCD) etc. is is compulsory in Delhi.
Devajyoti Barman
(Expert) 09 February 2014
Ok.It is not so in WB though at the time if final hearing of MCD it is required but not at the time of filing.
