Mutual Divorce
2 years ago
Me and my husband has filed a joint petition for a mutual divorce earlier. Our hearing is scheduled next month. The lawyer has asked me to sign a separate affidavit under order 18 rule 4 of CPC before the final hearing( This is not joint). He has also asked me to sign a put a petition for alternative date. is this the usual process? Please advice
Sanjay Kumar Jha
Responded 2 years ago
A.Dear Concerned,
Generally in mutual divorce, once the case is being admitted before court and next date is given which may be after six months , which would be for confirming for whether both couple are still for divorce or no other way to compromise . Then court proceeds for recording evidences thereafter court would fix the dat for order to pass as per evidences submitted by wife and husband. But sometimes court may require affidavit for Examination in chief before evidence. Find the law --- Order 18 Rule 4 may not apply and the Court can given an option to the witness (here couple are witness in this Mutual divorce case ) summoned either to file an affidavit by way of examination-in-chief or to be present in the Court for examination. This the Supreme Court held was a matter of the exercise of judicial discretion having regard to the facts of each case.
Order 18 Rule 4 represents an effort by the legislature to expedite the process of recording evidence in suits. The legislature has taken due notice of the fact that recording of evidence in every case before the Court was liable to cause delay since a substantial part of judicial time would be consumed in recording evidence. Order 18 Rule 4 contemplates that the examination-in-chief of a witness has to be on affidavit and a copy of the affidavit has to be supplied to the opposite party by a party who calls him for evidence.
Further , go through the petition before signature.
If there is single advocate pesuing case for both party , then possibility of vitiation is lot seen.
Thanks
Generally in mutual divorce, once the case is being admitted before court and next date is given which may be after six months , which would be for confirming for whether both couple are still for divorce or no other way to compromise . Then court proceeds for recording evidences thereafter court would fix the dat for order to pass as per evidences submitted by wife and husband. But sometimes court may require affidavit for Examination in chief before evidence. Find the law --- Order 18 Rule 4 may not apply and the Court can given an option to the witness (here couple are witness in this Mutual divorce case ) summoned either to file an affidavit by way of examination-in-chief or to be present in the Court for examination. This the Supreme Court held was a matter of the exercise of judicial discretion having regard to the facts of each case.
Order 18 Rule 4 represents an effort by the legislature to expedite the process of recording evidence in suits. The legislature has taken due notice of the fact that recording of evidence in every case before the Court was liable to cause delay since a substantial part of judicial time would be consumed in recording evidence. Order 18 Rule 4 contemplates that the examination-in-chief of a witness has to be on affidavit and a copy of the affidavit has to be supplied to the opposite party by a party who calls him for evidence.
Further , go through the petition before signature.
If there is single advocate pesuing case for both party , then possibility of vitiation is lot seen.
Thanks
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A.hello
The affidavit under 18 rule 4 of CPC is for evidence which is going to be submitted to the court. The same also need to be submitted to the respondent party. There is nothing wrong in this. This is the usual process law.
Please rate if you find this advice helpful.
Thanks.
The affidavit under 18 rule 4 of CPC is for evidence which is going to be submitted to the court. The same also need to be submitted to the respondent party. There is nothing wrong in this. This is the usual process law.
Please rate if you find this advice helpful.
Thanks.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.hello
as per the the law order 18 rule 4 of CPC states that "In every case, the evidence of a witness of his examination-in-chief shall be given by affidavit and copies thereof shall be supplied to the opposite party by the party who calls him for evidence.". It is the usual process.
Thanks.
if you find this advice helpful, please rate
as per the the law order 18 rule 4 of CPC states that "In every case, the evidence of a witness of his examination-in-chief shall be given by affidavit and copies thereof shall be supplied to the opposite party by the party who calls him for evidence.". It is the usual process.
Thanks.
if you find this advice helpful, please rate
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.Yes both Husband and wife have to file separate Affidavit in Chief on that date (usually fixed after six months from the date of filing of that Joint Petition of Mutual Consent Divorce). On that date of adducing evidence you as well as your husband while filing before the Ld. District Judge/ Additional District Judge the respective Affidavit in Chief have to adduce evidence and Original Identity proofs are to be shown and the Judge will ask you whether you are seeking divorce out of own volition etc and if the Ld. Judge becomes satisfied about both of yours consent for Divorce,then the Divorce will be granted and after drawn up of Decree, Divorce will be completed.
Please take note that if you sign the petition for alternate date,then your Mutual Consent Divorce matter will be postponed for the next date so before signing that time petition,it is necessary on your part to ask your Lawyer the reason why the evidence will not be adduced on the date fixed for that purpose.
Please take note that if you sign the petition for alternate date,then your Mutual Consent Divorce matter will be postponed for the next date so before signing that time petition,it is necessary on your part to ask your Lawyer the reason why the evidence will not be adduced on the date fixed for that purpose.
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
A.Aap ko agar advocate sahab ke dawara affadavit par signature karaye hai to koi problems nhi hai. Chunki jab evidence ko dakhil kiya jaata hai tab vah separate hota hai. And dusri party ka bhi separate hi jaiga.
Date ke liye jis petition par signature karaye hai vah aap ko read karni chahiye. Kyon ki kisi bhi paper par signature karne se pahle usko read karna chahiye.
Balnk paper par signature nhi karne chahiye.
Baki dono parties ki evidence dene ke baad case ko decided kiya jaa sakta.
Date ke liye jis petition par signature karaye hai vah aap ko read karni chahiye. Kyon ki kisi bhi paper par signature karne se pahle usko read karna chahiye.
Balnk paper par signature nhi karne chahiye.
Baki dono parties ki evidence dene ke baad case ko decided kiya jaa sakta.
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A.Dear Sir,
You have to believe your advocate. Sometimes the Judge requires you to give evidence to check whether it was genuine mutual divorce or not.
Order XVIII Rule 4 . Witnesses to be examined in open Court— The evidence of the witnesses in attendance shall be taken orally in open Court in the presence and under the personal direction and superintendence of the judge.
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You have to believe your advocate. Sometimes the Judge requires you to give evidence to check whether it was genuine mutual divorce or not.
Order XVIII Rule 4 . Witnesses to be examined in open Court— The evidence of the witnesses in attendance shall be taken orally in open Court in the presence and under the personal direction and superintendence of the judge.
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