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kumarkumar (business)     09 April 2015

Proof affidavit for divorce

Respected Madam/ Sir,

I have to file proof affidavit for divorce (Civil case) Principle sessions court  HMA 13 Family court there is no criminal charges,both the parties have filled a case against each other,I have initiated the case, and my wife followed. I have filled the counter and my wife also filled the counter, as the case is beginning I have to file the Proof affidavit. My wife told the court that the she would file the Proof affidavit only after I have filled the proof.

I came to know that I have to file proof for my petition and also for her petition.

I want to know for example whether the proof affidavit should like this.

My Petition:-

My Petition Paragraph 1 ------> Proof affidavit Paragraph 1 + evidence

My Petition Paragraph 2 ------> Proof affidavit Paragraph 2 + evidence

My Petition Paragraph 3 ------> Proof affidavit Paragraph 3 + evidence

My Petition Paragraph 4 ------> Proof affidavit Paragraph 4 + evidence

.

.

.

Her Petition:-

Her Petition Paragraph 1 ------> Proof affidavit Paragraph 1 + evidence

Her Petition Paragraph 2 ------> Proof affidavit Paragraph 2 + evidence

Her Petition Paragraph 3 ------> Proof affidavit Paragraph 3 + evidence

Her Petition Paragraph 4 ------> Proof affidavit Paragraph 4 + evidence

.

.

.

It should be in this format or in some other format. If not like this then how it should be, please tell me. When the trial begins whether the Principle judge will look at the Petition / counter / proof affidavit, which among this would be given priority. My wife has provided all wrong evidences against me which I have pinpointed in my counter. Whether this is inhibiting her to file the Proof affidavit.

In case if she still produces this false evidence whether I can take up this issue as misguiding the court / contempt of court in high court.

When trial begins what actually happens.

Please help me.

 

Thanks and Regards,

ADP



Learning

 4 Replies

sandykrish (Interested in Family LAW)     10 April 2015

Dude withdraw one of the cases as the cases applied are same, you can withdraw and categorically deny all allegations in your WS. Why complicate the case, if competent court comes to know about this one of your case will be dismissed. Why take a chance file a memo from your side asking to withdraw and provide the case # of your wife.

SAINATH DEVALLA (LEGAL CONSULTANT)     10 April 2015

U have to be very careful dealing with the courts, any lapse on UR part or over enthusiasm on UR part will complicate things.Nothing more  to add.

T. Kalaiselvan, Advocate (Advocate)     12 April 2015

Are you appearing as party in person?, hope you have engaged a lawyer already, leave all this issues to him, he will take care.  A proof affidavit is filed to let in evidences based on the facts of the case already stated before the court.  If she is coming out with false allegations, prove it before the court by cross examining her, why dont you take your lawyer's advise and opinion?

SAINATH DEVALLA (LEGAL CONSULTANT)     12 April 2015

Act  as advised


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