Advocate has guided you correctly
both parties have to file separate affidavit
both have to appear at time of second motion
Hi, My Advocate told me that for the second motion Joint Divorce application, we have to submit the affidavit separately not jointly. Is that true? He told me wife and me no need to file the affidavit for the second motion in joint divorce application. She will file the affidavit separately. But he is saying that we have to appear together at the time of judgement delivery time. No need to apply the affidavit for the second motion jointly. Is it true or he is trying any foul game in the affidavit.
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Advocate has guided you correctly
both parties have to file separate affidavit
both have to appear at time of second motion
Hi, In the Second motion there is no need to file separate affidavit. Both husband and wife need to appear before the Court in the Second motion.
Yes, separate affidavit in chief of both parties is to be filed in second motuon unless it was filed in first motion itself.
All documents like pleadings and affidavit all are to be same like in first motion. Yes it is true that you need to be present at the time of decree.
Hello!
Yes, it is true. Separate affidavit has to be filed and both you an your wife have to appear before the judge and the time of passing of judgment.
1. This is submission of evidence in the form of affidavit wherein both of you will submit the same separately
2. Your Advocate is right.
3. You two shall have to appear together on the day of the second motion and confirm the Judge that you still want the divorce after the cooldown period of six months.
Yes the affidavit to be submitted during the second motion should be filed separately by both the parties to confirm the decision independently.
Though the affidavit is to be filed separately by both, at the time of second motion both have to appear before the court together.
If you still in doubt about the local procedures adopted by the court in Trivandrum, you may seek a second opinion from another lawyer in the local to confirm the truth.
In Second motion both of you are filed separate proof affidavit before the court after the counseling and your presence in the court is important and needed. The same day judge will take evidence as per your petition and then after posted for hearing or judgement in another day. In the hearing day your presence is not needed .
An agreement has to be written and signed on a stamp paper at the time of filing the 1st motion along with an affidavit by both the parties.
Second motion inly separate affidavits affirming the contents of the joint agreement.
- Since you are going to take mutual divorce , then a joint petition with separate affidavit of both the parties should be filed on each motion .
- Further , the presence of both the parties are mandatory at the time of recording statement of Second motion and judgement.