No affidavit, common format available in court premises will duly fill and file with registry and will serve to wife.
Format of caveat.
Affidavit in support of caveat
Hello I have filed divorce petition u/s 13 cruelty against my wife. Notice has been served upon her .I want to file caveat in HC regarding c 24 transfer petition likely to be filed by her. Just want to confirm that affidavit needs to be filed along with caveat application or no need to file affidavit??? Please adv
Asked 5 years ago in Civil Law
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15 Answers
From where do you get such information/ideas sir? First of all the Hon'ble high Court won't entertain any such petition by your wife; as such petition is to be made to the family court only. Secondly, do you know what a caveat is? or just hear legal terminology from somewhere and just put it in your case??
A caveat is not filed by parties to litigation. It's filed by a third party whose interests stand to be effected by the litigation. As you are petitioner, you aren't entitled to file caveats. What is file after the petition is termed rejoinder and not caveat
To netra Mohan Chandra pant Caveat as per 148A reads 1[148A. Right to lodge a caveat. (1) Where an application is expected to be made, or has been made, in a suit or proceedings instituted, or about to be instituted, in a Court, any person claiming a right to appear before the Court on the hearing of such application may lodge a caveat in respect thereof. In lieu of sec 148 A CPC where it is written that only third party can file caveat and not by parties to litigation. I have filed my divorce suit and my wife may seek interim stay order by moving c 24 transfer petition. So my rights will be affected is suit is staued, therefore I want to loadge a caveat as per 148a CPC Not to pass any exparteee order if c24 transfer is petiton is filed Pls adv
Asked 5 years ago
Any party affected party can file.
Sir, if your wife intends to invoke s24 of CPC and petition to Hon'ble SC to transfer the divorce petition; then also you aren't the third person. You will have to be served a notice by the SC as you will be the respondent in that petition of your wife (s 24 of CPC) and no order will be passed by Hon'ble SC without hearing you. So no question of filing caveat
You must file affidavit in support of caveat
you can file caveat in HC
Parties to litigation can file Caveat in HC
No.affidavit along the CAVET is required.
See in case of writ a cavet is no use wherein inherit power of court is invoked though for other purpose you can freely file a cavet petition.
Affidavit is required when filing Caveat at Hon'ble HC.
Yes you can file the same with the registrar.
For filing caveat petition there is no necessity to file an affidavit, jut the petition shall be enough, you can ask the advocate who will be filing the same in high court on further issues.
You can very well file a caveat petition in this regard to notify you that if she files any petition under section 24 cpc seeking transfer of the case to the place of her choice and for stay of the proceedings in the trial court.
The caveat has to be filed along with affidavit and a vakalatnama. An advocate has to be engaged unless you want to contest the case.
Also a service of notice to the proposed applicant has also to be pasted in the caveat.
Regards
Yes a caveat is for that purpose only. Everything has ti be stated on affidavit.
It is not mandatory to file affidavit in support with caveat but you can file affidavit because there is no problem in filing affidavit with your application for caveat.
