Claim affidavit

Madhuriji u can claim monthly maintenance for you self . If u want to resolve this issue by taking permenant alimony then that you can claim in it.

If u like my solution then will you give THANK on my LCI profile.

Which of the following sections do I file my claim affidavit under?

1. 311 CRPC:    Power to summon material witness, or examine person present

2. 243 CRPC:    Evidence for defence.

3. 138 Indian Evidence Act: Order of examinations.

Kindly, clarify me.

Dear Madhuri,

The divorce case in governed by HMA i.e Hindu Marriage Act and sections you mentioned is for criminal proceedings

Madhuri, 

Please give thank to Adv. Bharat. 

KINDLY NOTE THAT .

1. IF BOTH HUSBAND AND WIFE ARE HINDU , THEN PROVISIONS OF HINDU MARRIAGE ACT ARE APPLICABLE.

2. YOU HAVE RECEIVED A COPY OF DIVORCE PETITION FILED BY YOUR HUSBAND., YOU ARE SUPPOSED TO FILE A DETAILED REPLY AND COUNTERCLAIM. YOU HAVE TO DENY ALL ALLEGATIONS AND CLAIMS AND CHARGES OF THE HUSBAND AND MENTION ACTUAL FACTS AND ALSO PRODUCE RELEVENT DOCUMENTS  IN SUPPORT OF YOUR REPLY. YOU MAY CLAIM MAINTAINENCE UNDER SEC. 24 OF HINDU MARRIAGE ACT FOR YOURSELF AND MINOR CHILDREN IF ANY, YOUHAVE TO PROVE THE INCOME OF HUSBAND AND PRODUCE DOCUMENTARY EVIDENCE IN SUPPORT OF SAME. IF YOU ARE HOUSEWIFE AND NOT EMPLOYED MENTION THE SAME ON AFFIDAVIT AND MENTION THAT YOU DO NOT HAVE ANY SOURCE OF INCOME AND ARE UNABLE TO MAINTAIN YOURSELF HENCE MAINTAINENCE INTERIM AND PERMANENT ALIMONY MAY INDLY BE GRANTED.ALSO MENTION ABOUT THE PERSONS DEPENDENT ON YOUR HUSBAND AND ALSO GIVE PROOF ABOUT HIS STANDARD OF LIVING , CAR, VEHICLES AND RESIDENTIAL  FLATS OWNED BY HIM AND SHARES , DEBENTURES ETC IF ANY.WIFE IS ALSO ENTITLED FOR SAME STANDARD OF LIVING PLEASE NOTE.

3. KINDLY NOTE THAT COURT MAY SEND THE MATER FOR MEDIATION AS PER PROCEDURE. BUT DO NOT COMMIT IN WRITING ANY THING WHICH YOU DO NOT ADMIT AS IT WILL BE BINDING ON YOU IF MEDIATION FAILS.THE REPORT WILL BE SENT TO SAME COURT PLEASE NOTE.

4. THE COURT WILL DECIDE THE MATER ON THE BASIS OF FACTS AND EVIDENCE PLACED BEFORE COURT. SO GOOD LUCK.

N.B.SAWANT.M.COM.LL.B.,ADVOCATE HIGH COURT, MUMBAI.