Legal Question in Family Law in India
I have filed divorce petition in the year 2008 and then my wife filed for maintenance petition in the same year. Both the matters were clubbed in the same year. Now the situation is that my wife has filed the affidavit in both the matter separately and I have filed one common affidavit for both the petition. My wife advocate has crossed me and now my advocate has to cross my wife in the next date.
Can affidavit be filed separately for divorce and maintenance after the matter has been clubbed?
Can I oppose on both the affidavit filed by my wife?
Need suggestion
I do have a lawyer in mumbai.
2 Answers from Attorneys
it is just a procedural glitch and you may not get benefit out of it.
Proof affidavits introduced to save the valuable time of the court. Affidavit will be treated as 'chief examination' and enable your advocate for 'Cross examination' directly. So you cannot oppose it.