• Evidence affidavit content

Background:
1) The Evidence part of my wife is closed and now I need to submit my Evidence Affidavit in Family Court.
2) Court already has details of my income.
3) Wife has deserted me and filed RCR petition as well as Maintenance Petition.
4) Wife had taken back Mutual Consent Divorce Petition at last moment.
5) Wife is getting Rs.10,000 as maintenance in DV case.

I have questions about submitting the Affidavit to Family Court:

1) Shall I deny Wife's allegations point by point as there are around 36 paragraphs of made up story? My advocate suggested me to use one liner in Affidavit to deny all her allegations in single point. Will it be okay? One of the allegations is of Abortion.

2) I need to give Citation in Affidavit for a HC order which denies maintenance to highly qualified wife. Can I mention the citation in Affidavit with some paragraph from citation in the Affidavit content?

3) I am also giving Income-Expenditure Details in the Affidavit.

4) Apart from above 3 points, what else can be mentioned in Affidavit? 

Appreciate your guidance. Thanks.
Asked 4 years ago in Family Law
Religion: Hindu

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18 Answers

1) in your evidence affidavit you have to state your case as stated in your written statement . Deny her allegations

2) you don’t need to mention citations in your affidavit

3) affidavit should be brief and to the point . Don’t file long affidavit

Ajay Sethi
Advocate, Mumbai
87975 Answers
6207 Consultations

5.0 on 5.0

1. Sir the allegations para wise can be denied in your reply to her petition, in the affidavit you can give evidence of event , conversation between from your side, other evidence from your side relating to dispute her allegations can be denied in a line.

2. Citations are not mentioned in the evidence affidavit they are given with the written statement or at time of argument.

3. Yes that has be mentioned along with supporting documents.

4. If you have mails, messages. conversations regarding the dispute to support your side need to be mentioned in affidavit.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) You can deny your wife's all allegations point by point.

2) Yes, that you rights to show citation so the case can be turn in your favour.

3) Its great if you give all details income and expenditure, so it will help you in granting her alimony.

4) Is our wife working or she is house wife ?

5) If you want to stop her alimony in DV case you can run RCR case.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Firstly, sir whatever you have mentioned in your query is very rightly pointed out to point by point denying all the allegations of your wife.

Secondly, though evidence can only be given by way of an affidavit before the court, but I don’t think that it should need each and every details for denial.

Thirdly, as it the work to be done in the written statement of your pleadings.

Fourthly, if you have not then try to mention as whole being wrong and false in affidavit also.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Hello,

Affidavits are not written statements so you need not to state each and every details of the case .

But you should deny all the facts in a short way which ypur lawyer will guide you but it is not a good idea to drny all the allegations in a single sentence.

There is delhi hc judgement where court laid down a notable judgement relating to highly qualified wife asking for maintenance.

Yes you can do it.

Hope this helps.

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

Dear Sir,

My answers are as follows:

1) Shall I deny Wife's allegations point by point as there are around 36 paragraphs of made up story? My advocate suggested me to use one liner in Affidavit to deny all her allegations in single point. Will it be okay? One of the allegations is of Abortion.

Ans: Material allegations must be denied specifically. The following Rules of Order 8 of Civil Procedure may kindly be read and followed.

ORDER VIII : Written Statement, Set-off, and Counter – Claim

1. Written statement

1-A. Duty of defendant to produce documents upon which relief is claimed or relied upon by him

2. Now facts must be specially pleaded

3. Denial to be specific

4. Evasive denial

5. Specific denial

6. Particulars of set-off to be given in written statement, Effect of set - off

6-A. Counter-claim by defendant

6-B. Counter-claim to be stated

6-C. Exclusion of counter-claim

6-D. Effect of discontinuance of suit

6-E. Default of plaintiff to reply to counter-claim

6-F. Relief to the defendant where counter-claim succeeds

6-G. Rules relating to written statement to apply

7. Defence or set-off founded upon separate grounds

8. New ground of defence

8-A [Omitted by the Amendment Act, 1999]

9. Subsequent pleading

10. Procedure when party fails to present written statement called for by Court

(Read entire )

2) I need to give Citation in Affidavit for a HC order which denies maintenance to highly qualified wife. Can I mention the citation in Affidavit with some paragraph from citation in the Affidavit content?

Ans: Affidavit should not ordinarily contain citations. But if you cite one or two it is ok. Others to be cited at the time of final arguments.

3) I am also giving Income-Expenditure Details in the Affidavit.

4) Apart from above 3 points, what else can be mentioned in Affidavit?

Ans. Order 8 and its rules are exhaustive on this matter.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1) Shall I deny Wife's allegations point by point as there are around 36 paragraphs of made up story? My advocate suggested me to use one liner in Affidavit to deny all her allegations in single point. Will it be okay? One of the allegations is of Abortion.

you have to deny each and every allegations. Its the rule of the pleadings that you have to deny each and every allegations. One liner denial will not work in civil cases.

2) I need to give Citation in Affidavit for a HC order which denies maintenance to highly qualified wife. Can I mention the citation in Affidavit with some paragraph from citation in the Affidavit content?

- you can submit the citation in the court at the time of arguments.

3) I am also giving Income-Expenditure Details in the Affidavit.

ok

4) Apart from above 3 points, what else can be mentioned in Affidavit?

state what you have to in your defence rather than only replying.

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

1. the denial of the allegations made by your wife against you has to be made in the written statement to her petition and NOT in the affidavit of evidence

2. in the affidavit of evidence you have to state the facts as they stand and support such facts with documentary evidence which will accompany such affidavit of evidence

3. there is no need to cite any HC judgment in the affidavit of evidence

4. that judgment can be used at the time of final arguments

5. you just need to give all the details supporting your case in the affidavit of evidence which are consistent with your pleadings and which would controvert the allegations made by your wife (that does not mean that you give one line para wise reply to your wife's petition - that has to be done in your written statement as stated above)

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Dear Client,

Content of Affidavit not suppose to condemn her affidavit in chief, this happens in reply to petition.

Your affidavit will bear your points to prove your case against her and repudiate her claim.

Bring all facts in affidavit,

Citation not in affidavit but was be mention reply. You can submit the citation while final argument.

That is ok giving details of income.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You need to deny specifically all the allegations.Dont deny it in general paragraph. You can give citations. You can give your income expenditure statement also. You can mention any thing you want in addition which you like to place it on record as evidence before court.

Prashant Nayak
Advocate, Mumbai
27291 Answers
88 Consultations

4.4 on 5.0

Evidence affidavit forms a very strong document in any proceedings.. kindly put everything in full detail and not one liners. Of course you can deny your wives claims but the same needs to be mentioned fully in detail.

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

4.9 on 5.0

1.In your evidence by way of affidavit, you'll have to state your version of the story, also denying her major allegations. It needs to be concise, unlike Written Statement. One liner denial is highly ill advised.

2.You don't need citation in your affidavit.

List of judgments that you're relying upon csn be given at the time of Final arguments.

3.Income expenditure details can be mentioned in the affidavit.

Siddharth Jain
Advocate, New Delhi
5933 Answers
101 Consultations

5.0 on 5.0

1. You can give counter to all the points they have alleged against you, because that will benefit you during cross examination.

2. Dont submit any citation at this stage, you can submit them during argument stage.

3. You can discuss with your advocate on this.

4. As above.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

1. HC would definitely consider your new income as your wife also as evidence for the same and maintenance would be decided according to the new income.

2. If depends as to how your advocate argues your case in HC.

Siddharth Jain
Advocate, New Delhi
5933 Answers
101 Consultations

5.0 on 5.0

1) HC can increase maintenance amount if wife is able to prove your income has increased

2) you have to file affidavit in HC in reply to appeal filed by wife

3)if wife is working gather her income details to avoid increase in maintenance

Ajay Sethi
Advocate, Mumbai
87975 Answers
6207 Consultations

5.0 on 5.0

In reply to her appeal, you can file cross appeal and additional evidence like income-expenditure details in court and it`s already in lower court record so no need.

Court will considered her argument, than depends, it can also decrease on your plea.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

The new income detail may not be considered in the appeal or revision by high court.

It depends on how you defend your interests in the appeal through your lawyer.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

Sir,

It depends upon the judge and also facts presented before the court at the relevant time.

It may consider your new salary and direct you to pay enhanced amount to your wife even though she may be earning her own money.

If. HC directs you to place your new income expenditure details only then otherwise you yourself shouldn't be doing so

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

4.9 on 5.0

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