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LegalFighter (test)     14 November 2016

Advocate signature in pip

Experts,

 

I am doing PIP.In my visitation enhancement IA in the last page there was a section "Deponent" where I will sign. There is another section called " Solemnly affirmed and signed before me at Coimbatore 0n" where I need an advocate sign.When I asked several advocate, they refused to sign since am doing PIP.

 

Is that part of "Solemnly ..." is really required if I mark "[Party-In-Person]"  under deponent??

 

 



Learning

 6 Replies

Sachin (N.A)     14 November 2016

What type of question is this.?

When you are appearing in person why will any lawyer sign?

Sachin (N.A)     14 November 2016

upload or copy the document here. on which you are asking for lawyer signature.

LegalFighter (test)     14 November 2016

So shall I keep just Petitioner and sign? No need of advocate sign under "Solemnly..." part? If you are doing PIP, please share a sample petitions last page.

LegalFighter (test)     15 November 2016

IN THE COURT OF THE HON’BLE FAMILY COURT OF COIMBATORE

 

I.A.NO.                     OF 2016

 

G.W.O.P. NO. XXX OF 2016

 

XXXXXXXXXX                                                                                               …PETITIONER

 

                                                                        -Vs-

 

XXXXXXXXXX                                                                                               …RESPONDENT

 

 

 

 

INTERIM VISITATION ENHANCEMENT PETITION FILED BY THE FATHER/PETITIONER

 

Its therefore prayed that this Honorable Court may  be pleased to modify the order provided in I.A.NO XXX of 2016 pass an order to grant complete weekend custody of my child every weekend from Friday evening till Monday morning, half a day custody on all public holidays (like Diwali, Pongal, Christmas, New Year, etc), child’s birthday, complete custody over 50% of all the term holidays provided in the school, visiting child at the school premises and take part in the school’s parents meet as a father, allowing me to pay my child’s school fee, allowing me to provide food, gifts, toys, dresses, chocolates, etc, to my lovable child and pass such other suitable orders and thus render justice.

 

 

 

 

                                                                                                                        Petitioner/Father

 

 

 

 

 

 

                                                                            

 

IN THE COURT OF THE HON’BLE FAMILY COURT OF COIMBATORE

 

 

     I.A.NO.             OF 2016

 

    G.W.O.P. NO. xxx OF 2016

 

 

 

 

XXXXXXXXXX        …PETITIONER

 

-Vs-

 

XXXXXXXXXX               …RESPONDENT

 

 

INTERIM VISITATION ENHANCEMENT PETITION FILED BY THE PETITIONER/FATHER

 

 

 

 

 

 

 

 

 

IN THE COURT OF THE HON’BLE FAMILY COURT OF COIMBATORE

 

I.A.NO.                     OF 2016

 

G.W.O.P. NO. xxx OF 2016

 

XXXXXXXXXX                                                                                               …PETITIONER

 

                                                                        -Vs-

 

XXXXXXXXX                                                                                                  …RESPONDENT

 

 

AFFIDAVIT

 

I, XXXXXXXX, S/O R.XXXXXXX, aged 33 years, residing at No.xxx,XXXXXXXX East Street, Coimbatore – 15,do hereby solemnly affirm and state on oath as follows:-

 

  1. I am the Petitioner herein and natural guardian for the child “Makizhnan” aged 4 years born on 12th JULY 2012 and as such well acquainted with the facts of the case.
  2. I beg to submit that I filed the above G.W.O.P before this Hon’ble Court against the Respondent. My main petition averments may kindly be treated as part and parcel of this Affidavit.
  3. I beg to submit as a father I have visited my lovable child since from his birth and videos, photos of the same has been submitted in a CD along with this application. Since all the efforts taken by me and my parents for reconciliation and efforts of visiting my child ended in vain since the Respondent is not ready to live together and endorsed the same in the H.M.O.P NO. XXX/14.

 

 

 

 

 

 

  1. I beg to submit it’s very natural that the estranged mother feeds negative opinion about the alienated father to the child. In this case Respondent is feeding same kind of negative opinion about petitioner to the child as well threatening my child for meeting, speaking, receiving gifts or chocolates from his father.Since my child is scared to spend time with me in front of the respondent as respondent would beat or scold my child after reaching home and the same has been admitted by my child as shown as a video in the CD submitted along with this application. If the same continuous, I afraid my child “Makizhnan” would suffer physically and mentally by the Respondents arrogant behavior.
  2. I further submit as a natural guardian and a good father of my child, I am completely aggrieved with the order provided in the I.A.No.XXX of 2016 which states that the petitioner can visit his child once in 4 weeks for 2 ½ hours in any public place alternatively in the cities of Coimbatore and Salem on the hearing dates which leads to the confusion on exact visiting dates and time as well my child did not get a chance of long time interaction with his father, grandparents, aunt, cousins which is a great loss of relationship.
  3. Article no 3 sub section 13 of juvenile justice act 2015 states “Principle of repatriation and restoration: Every child in the juvenile justice system shall have right to be re-united with his family at the earliest and to be restored to the same socio-economic and cultural status that he was in , before coming under the purview of this act, unless such restoration and repatriation is not in his best interest”. But child “Makizhnan” is been deprived from his paternal family environment and deprived from enjoying the best socio-economic and cultural status of his paternal environment. So it’s a kind request to restore child to his paternal home so that he can enjoy the highest attainable standards in his life which is in best interest of child.
  4. I submit that the child “Makizhnan” meeting and spending a weekend or a holiday joyfully with his father is his basic right and as per Section 2 clause 9 of juvenile justice act 2015, the phrase “to ensure fulfillment of basic rights and needs" is added to ensure Juvenile Justice Act of 2015 covers the basic rights and needs of the child.
  5. According to the United Nations Child Rights Convention Articles 8,9,10 clearly states that children’s basic right is they have to get love and affection equally from both mother and father and not only one’s.

 

 

 

 

 

 

  1. I further submit that am making this request on behalf of the child “Makizhnan” who is a minor and cannot express the same. As well in the past visits child “Makizhnan” was very happy playing, eating with his father, and cousin even after Respondents threatening and some of the happy moments are provided as photos and videos in the CD submitted. I further add that the minor child “Makizhnan” is being sent to school without his mother, an unknown/new place initially and child has to interact with unknown persons and teachers and to get acquainted. But it’s astonishing that the overnight access of the child to his natural father was denied

 

 

 

Its therefore prayed that this Honorable Court may  be pleased to modify the order provided in I.A.NO XXX of 2016 pass an order to grant complete weekend custody of my child every weekend from Friday evening till Monday morning, half a day custody on all public holidays (like Diwali, Pongal, Christmas, New Year, etc), child’s birthday, complete custody over 50% of all the term holidays provided in the school, visiting child at the school premises and take part in the school’s parents meet as a father, allowing me to pay my child’s school fee, allowing me to provide food, gifts, toys, dresses, chocolates, etc, to my lovable child and pass such other suitable orders and thus render justice.

 

 

 

Solemnly affirmed and

Signed before me at Coimbatore on                                                    Deponent

 

 

                                    Advocate, Coimbatore.

 

 

 

 

 

 

 

 

                  

 

IN THE COURT OF THE HON’BLE FAMILY COURT OF COIMBATORE

 

 

     I.A.NO.             OF 2016

 

    G.W.O.P. NO. XXX OF 2016

 

 

 

 

XXXXXXXXXX         …PETITIONER

 

-Vs-

 

XXXXXXXXXX         …RESPONDENT

 

 

AFFIVAVIT

 

 

 

 

 

 

 

 

 

 

 

 

 

LegalFighter (test)     15 November 2016

Experts or PIPs,

Please help me here with this IA.I have below 2 questions:

 

1. Shall I mention only petitioner(party in person)  in the last page of the affidavit and remove "Solemnly.." part of advocate?

2. Shall i submit a CD in this enhancement IA which shows that my son was very happily playing with me and my family and another video shows my son is afraid of speaking with me since my wife has threated him not to speak or play with me.

 

 

LegalFighter (test)     25 November 2016

Acc. to Indian Evidence Act, section 70, no need of attestation or advocate/notary signature

 

Section 70 in The Indian Evidence Act, 1872
70. Admission of execution by party to attested document.—The admission of a party to an attested document of its execution by himself shall be sufficient proof of its execution as against him, though it be a document required by law to be attested.

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