Mainteance Case
2 years ago
My wife registered a MC case for my 2 kids in Chief Judicial Magistrate Court in Tamil Nadu. I have already paying my Kids school fees till date and also submitted the counter with all the proofs to court and now court is asking to submit the affidavit and would like to understand
What does it mean affidavit?
What will happen if I couldn't submit the affidavit?
Vaidehi Samant
Responded 2 years ago
A.The petition which your wife has filed you will have to reply to that point wise either partly admitting or denying the claims or countering tham and this has to eb drafted in first person so this reply is either called Written Statement or Affidavit- in -Reply providing photocopies of all such payments made by you towards expenses if children such as school fees receipts, medical receipts etc. (basically represent/defend your side against the allegations made by your wife).
If you do not reply the claims by filing affidavit- in- reply than it will difficult for your side representation of the case and Court may also pass an adverse order so it will be better if you file an Affidavit-in-Reply to the petition filed by your wife through the lawyer you would appoint to fight your case. Thank you.
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
If you through Affidavit do not record your statement along with the relevant proofs,then the Ld. Chief Judicial Magistrate may not take into consideration the proofs which you had filed and will pass necessary Order of maintenance against you without considering the payment of your kids' school fees etc on your part.
This "Affidavit of Disclosure" is to be submitted within a maximum period of four weeks.
Failure to file affidavit: According to the Guidelines noted by the Hon'ble Supreme Court in an important judgement, "If the respondent delays in filing the reply with the Affidavit, and seeks more than two adjournments for this purpose, the Court may consider exercising the power to strike off the defence of the respondent, if the conduct is found to be wilful and contumacious in delaying the proceedings. On the failure to file the Affidavit within the prescribed time, the Family Court may proceed to decide the application for maintenance on basis of the Affidavit filed by the applicant and the pleadings on record;"
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