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Affidavit for Divorce Petition under Section 13(1)(i) of Hindu Marriage Act on  the Ground of Adultery.

Format of Affidavit for Divorce petition under Section 13(1)(i) of Hindu Marriage Act on the ground of Adultery.

If the Husband engage in adultery, a Divorce Petition under Section 13(1)(i) of Hindu Marriage Act, 1955 can be filed to get Divorce from the Party on the ground of adultery. A Separate affidavit in the given format need to be filed with the Divorce petition.

Sample Format of Affidavit to be filed with Divorce Petition under Section 13(1)(i) of HMA is given below: 

 

IN THE COURT OF THE _____________ JUDGE AT _________

H.M.A. PETITION NO. __________ OF 20__
 

IN THE MATTER OF:

MRS. WI_________                                                                PETITIONER
 

VERSUS


MR. HU __________& ANR                                                      RESPONDENTS
 

AFFIDAVIT

I, Ms. _______________ Wife of _______________ Daughter of ___________ aged _________ years, presently residing at _________________________, do solemnly affirm and say as follows:

1. That I am the Petitioner in the accompanying Petition under Section 13(1)(i) of Hindu Marriage Act, 1955 and well acquainted with the facts of the case.

2. That I have gone through the contents of the accompanying Petition, I reaffirm the contents of the Petition, which are not being repeated here, for the sake of brevity.

3. That, my marriage with the respondent was solemnised at ___________ , on _________ , as per Hindu rites and ceremonies.

4. That, details laid out in the accompanying petition, with regard to my age, status and place of residence of the petition before marriage and at the time of filing this petition, may be treated as part of this petition.

5. That, no child was born out of the wedlock between the respondent and me.

6. That the respondent is guilty of committing adultery as the respondent is living with the co-respondent and has failed to return to the matrimonial home.

7. That, the respondent has completely withdrawn from the company of the petitioner since the aforementioned date.

8. That, the petition is not presented in collusion with the respondent.

9. That, there is no other legal ground why the relief should not be granted.

10. That, there has not been any unnecessary or improper delay in filing this petition.

11. That, there have not been any other previous proceedings between the parties.
 

Signed at ___________ this ___________ day of ___________20__

 

DEPONENT

VERIFICATION

I, the above named deponent do hereby verify on oath that the contents of the affidavit above are true to my personal knowledge and nothing material has been concealed or falsely stated therein.


Signed and verified this _______ day of _______ 20 _______ at _______

 

DEPONENT

Solemnly affirmed and signed before me by the deponent, who is personally known to me, on this the _____ day of ________ ,20__.

COUNSEL FOR THE DEPONENT

 

Section 13(1) in The Hindu Marriage Act, 1955

(1) Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party

(i) has, after the solemnisation of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or

(ia) has, after the solemnisation of the marriage, treated the petitioner with cruelty; or

(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or

Legal Formats, Alphabetical Order

AFFIDAVIT FORMATS

Affidavit, Maintenance & Divorce, Delhi High Kusum Sharma v. Mahinder Kumar Sharma

Affidavit, Petition for Judicial Separation under Section 10 of Hindu Marriage,  Act

Affidavit to be filed with Divorce petition under Section 13(1) of Hindu Marriage Act

Affidavit, Section 23(2) of The Protection of Women from Domestic Violence Act, 2005

Affidavit, Evidence by way of Affidavit, Complaint u/s 138, Negotiable Instruments Act

Affidavit under Motor Vehicles Act in a Motor Accident Petition Appeal

Affidavit to Register Marriage under Hindu Marriage Act

Affidavit under Section 2 of Dissolution of Muslim marriage Act

Affidavit in a Civil Revision Petition under section 115 of CPC and for stay against order

Evidence by way of Affidavit during Trial under Section 17 of Consumer Protection Act

Affidavit for Restoration Petition u/s 151 of CPC for to restore Dismissed Application

Affidavit, Application to delete name of Party from Petition order 1 Rule 10(2) of CPC

Affidavit for Petition for maintenance under section 125 CrPC

Affidavit for production of documents in court which not produced earlier

Affidavit to declare legal heirs of deceased employee to claim PF and Super Annuation

Affidavit for Application to arrest Defendant before Judgment

Affidavit for Application to change name in the Education Certificate

Affidavit with Application for substituted service of summon order V Rule 20 CPC

Affidavit with Application for Registration of Will after death of Testator

Affidavit to Application objecting notice to vacate premises occupied the by the landlord

Affidavit for Application to issue Duplicate Driving License from Transport Authority

Affidavit u/s 13(1)(i)(ib) of Hindu Marriage Act for Divorce Petition, Desertion 2+ years

Affidavit for Divorce Petition Section 13(1)(i) of Hindu Marriage Act,  Ground of Adultery

Affidavit, Mutual Divorce Petition u/s 13B of HMA, Dissolution of Marriage, First Motion

Affidavit for Second Motion of Mutual Consent Divorce Petition u/s 13B(1) of HMA

Affidavit for Petition u/s 11 of Hindu Marriage Act for Decree of Nullity of Marriage

Affidavit for Petition for Maintenance under Section 24 of Hindu Marriage Act

Affidavit to Petition for Judicial Separation under Section 10 of Hindu Marriage Act

Affidavit to Petition Probate under Section 276 of Indian Succession Act

Affidavit to Recall ex- parte order and set aside it passed in the absence of Defendant

Evidence by way of Affidavit in a Suit for Dissolution of Partnership Firm

Affidavit for IA seeking Security from Defendant in a Recovery Suit under order XXXVII

Affidavit for Consumer Complaint u/s 12 of Consumer Protection Act to District Forum

Affidavit for Execution Petition U/s 25 and 27 of Consumer Protection Act for  Execution of order and impose Penalty

Affidavit for Declaration of loss of Negotiable Instrument by Banker under Order VII Rule 16 of Code of Civil Procedure

Affidavit for Application seeking stay of Execution of Judgment under Order XLI Rule 5 of Code of Civil Procedure

Affidavit for Substitution Application, death of a Party in a Suit, order XXII Rule 3 CPC

Affidavit for Application to arrest, detain in Prison Judgment Debtor as per order XXI Rule 37 CPC

Affidavit to produce additional evidence in an appeal, Order XLI Rule 27 of Code of Civil Procedure

Affidavit to application for restoration of suit under Order IX Rule 9 of Code of Civil Procedure in case of dismissed suit

Affidavit to Anticipatory bail application under section 438 of Code of Criminal Procedure

Affidavit for Bail Application under section 437 of Code of Criminal Procedure

Affidavit for issue of Death Certificate after registration of death

Affidavit for Writ of Certiorari Writ Petition under Article 226 and 227 in High Court

Affidavit for Writ of Mandamus under Article 226 of the Constitution to be filed in High Court

Affidavit for Writ of Quo Warranto under Article 226 of the Constitution to be filed in High Court

Affidavit for Writ of Prohibition under Article 226 of the Constitution to be filed in High Court as Public Interest Litigation

Affidavit for Writ of Habeas Corpus under Article 226 of the Constitution to be filed in High Court

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