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Is it necessary to file evidence by affidavit in trial court


22-Aug-2023 (In Divorce Law)
Wife filed "Evidence by way of Affidavit". Examination in chief of wife was conducted by husband's counsel. Now the turn is the reply by husband. Since the O/P had filed evidence by way of affidavit, I feel it is necessary to file reply by way of affidavit. The counsel says, in trial court affidavit- reply is not filed and that it is only done in H/C and S/C. Shall appreciate experts opinion. Thank you
Answers (3)

Answer #1
740 votes
Hi,
In reply to your query, it is submitted, that you have to tender your evidence by way of affidavit. That is how you will lead evidence. I suggest you to feel free to have a word with me to acquire legal opinion on this regard in length.
All the best.
Answer #2
676 votes
Yes it is necessary to give evidence by way of affidavit in the Court. Relying on which the counsel of the Opposite Party will do your examination in the Hon'ble Court. Thus, even in Divorce cases, filing of evidence by way of Affidavit is a necessary requirement and the Court may impose costs if you don't do so on the date assigned for the same purpose.
Answer #3
884 votes
No, You can't file the reply of EVIDENCE BY WAY OF AFFIDAVIT. The counsel is correct in this point of view. When the suit is instituted in the court for hearing, on first day it's for notice. After notice , it comes the time for Written Statement by defendant, then Reply of that written statement

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