• Affidavit on second motion for joint divorce application

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.
Asked 5 months ago in Family Law
Religion: Hindu

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13 Answers

Advocate has guided you correctly 


both parties have to file separate affidavit 


both have to appear at time of second motion 

Ajay Sethi
Advocate, Mumbai
81866 Answers
5124 Consultations

5.0 on 5.0

File seprate affidavit. 

Mohammed Mujeeb
Advocate, Hyderabad
19002 Answers
18 Consultations

4.5 on 5.0

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. 

Pradeep Bharathipura
Advocate, Bangalore
5020 Answers
265 Consultations

4.5 on 5.0

Yes, separate affidavit in chief of both parties is to be filed in second motuon unless it was filed in first motion itself.


Devajyoti Barman
Advocate, Kolkata
22295 Answers
340 Consultations

5.0 on 5.0

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. 

Sanjeev Gupta
Advocate, East Delhi
98 Answers
1 Consultation

5.0 on 5.0


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. 


Agam Sharma
Advocate, New Delhi
617 Answers
4 Consultations

5.0 on 5.0

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.

Krishna Kishore Ganguly
Advocate, Kolkata
25300 Answers
726 Consultations

5.0 on 5.0

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.


T Kalaiselvan
Advocate, Vellore
71936 Answers
1062 Consultations

5.0 on 5.0

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 .

Ajay N S
Advocate, Ernakulam
3768 Answers
80 Consultations

5.0 on 5.0

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.

Rahul Mishra
Advocate, Lucknow
12157 Answers
29 Consultations

5.0 on 5.0

Yes, the affidavit has to be made separately.

Swarupananda Neogi
Advocate, Kolkata
2919 Answers
6 Consultations

4.7 on 5.0

- 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. 

Mohammed Shahzad
Advocate, Delhi
6598 Answers
70 Consultations

5.0 on 5.0

1. The practice varies in different parts of the country. Here in Rajasthan we do not file any affidavit, much less separate affidavits. Only statement is recorded. So heed your lawyer.

2. You have to appear personally for second motion.

Ashish Davessar
Advocate, Jaipur
30308 Answers
888 Consultations

5.0 on 5.0

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