Q. claim affidavit submission before final decree of divorce?
Vikram
(Querist) 30 November 2012
This query is : Resolved
We have completed the legalities while applying for divorce by mutual consent. We have also been through the counseling and have been assigned a date for receiving the final decree of divorce after six months. The family court judge has asked for filing the "claim affidavit" during the final date of decree of divorce. So if you can let me know what does this "claim affidavit" means? (There has been no demand of alimony or maintenance from either side as both the parties are working and self sufficient, and there is no issue from the marriage)
V R SHROFF
(Expert) 30 November 2012
Affidavit to show That you had not changed your mind in last 6 months and want divorce .
Devajyoti Barman
(Expert) 30 November 2012
Yes,this is affidavit in evidence reproducing the contents of your petition for mutual divorce.
R.K Nanda
(Expert) 30 November 2012
agree with experts.
Mayank Saxena
(Expert) 30 November 2012
"claim affidavit" means? the demand of alimony or maintenance and an affidavit with this regards is required and if no issue for the same you have to
mention it.
V R SHROFF
(Expert) 30 November 2012
Mr. Saxena, r u practising Advocate.??
ur reply may misguide Querist .
AFF IS JUST TO CONFIRM oRI pETITION.
It is MCD u/s 13B.
Mayank Saxena
(Expert) 30 November 2012
Sir
I answered the meaning of claim affidavit as mentioned Black's Law Dictionary 8th Edition:
"affidavit of claim. An affidavit in which a plaintiff asserts that he or she has a meritorious cause of action."
"affidavit: A voluntary declaration of facts written down and sworn to by the declarant before an officer authorized to administer oaths, such as a notary public."
"claim, n. 1. The aggregate of operative facts giving rise to a right enforceable by a court . -- Also termed claim for relief. 2. The assertion of an existing right; any right to payment or to an equitable remedy, even if contingent or provisional . 3. A demand for money, property, or a legal remedy to which one asserts a right; esp., the part of a complaint in a civil action specifying what relief the plaintiff asks for."
Please don't consider it otherwise if any error is there in ur view I pray your self to apologize
with regards
mayank kumar
Raj Kumar Makkad
(Expert) 01 December 2012
Principally I do agree with Mayank and appreciate him for doing such labour and confidently putting his version without loosing his temper but the reference against which author is asking belongs to what Barman and Shroff have described. Unfortunately instead of terming such affidavit as evidence, it is called claim affidavit is some States (though it also includes alimony etc.) so there should not be any confusion.
