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Hindu Marriage Act, 1955

Affidavit for Divorce on Ground of Adultery under Section 13(1)(i) HMA

Updated specimen affidavit for supporting a divorce petition under Section 13(1)(i) of the Hindu Marriage Act, 1955, together with current statutory guidance on the ground of adultery, jurisdiction, verification and filing.

Current legal position: Section 13(1)(i) of the Hindu Marriage Act, 1955 permits either the husband or the wife to seek dissolution of the marriage where, after solemnisation of the marriage, the other spouse has had voluntary sexual intercourse with a person other than his or her spouse.
Current law Affidavit format Jurisdiction Drafting points Official links

Section 13(1)(i) HMA: Divorce on the Ground of Adultery

Section 13 of the Hindu Marriage Act, 1955 provides grounds on which a marriage may be dissolved by a decree of divorce. Under clause (i) of sub-section (1), adultery remains a matrimonial ground for divorce when the statutory requirement is proved. The provision is gender-neutral: either spouse may present the divorce petition.

Important distinction: Adultery is not a criminal offence in India after the Supreme Court's decision in Joseph Shine v. Union of India. However, adultery continues to be a civil matrimonial ground for divorce under Section 13(1)(i) of the Hindu Marriage Act.
Section 13(1)(i) Ground of divorce based on voluntary sexual intercourse by the other spouse with another person after solemnisation of marriage.
Section 19 Specifies the territorial jurisdiction of the District Court in which a petition under the Act may be presented.
Section 20 Requires the material facts supporting relief to be stated and the petition to be verified in accordance with law.
Section 21 Applies the Code of Civil Procedure, 1908 to proceedings under the Act, subject to the Act and applicable High Court rules.

Sample Affidavit for Divorce Petition under Section 13(1)(i) HMA

The following is a general specimen. Replace all blanks and bracketed instructions with the correct facts of the case. Delete any paragraph that is not applicable or factually correct.

IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT /
DISTRICT COURT AT ______________________________

H.M.A. PETITION NO. ______ OF 20____

IN THE MATTER OF:

______________________________
S/o / D/o _____________________________
Resident of ___________________________
...Petitioner

VERSUS

______________________________
S/o / D/o _____________________________
Resident of ___________________________
...Respondent

AFFIDAVIT

I, ______________________________, aged about ____ years, S/o / D/o ______________________________, resident of ______________________________, do hereby solemnly affirm and state as follows:

1. That I am the Petitioner in the accompanying petition for dissolution of marriage under Section 13(1)(i) of the Hindu Marriage Act, 1955 and am fully acquainted with the facts and circumstances of the case. I am competent to swear this affidavit.

2. That my marriage with the Respondent was solemnised on __________________ at __________________ in accordance with Hindu rites and ceremonies / applicable customary rites.

3. That after the marriage, the parties resided together at ______________________________. The particulars concerning the marriage and the parties stated in the accompanying petition are true and correct to my knowledge.

4. That the facts constituting the ground under Section 13(1)(i) have been specifically stated in the accompanying petition, including the material circumstances relied upon by the Petitioner. Those statements are affirmed as true and correct to the extent based on my personal knowledge and records.

5. That the Petitioner relies upon the facts, circumstances, documents and other admissible evidence described in the accompanying petition in support of the relief claimed. Nothing in this affidavit is intended to substitute for the specific material facts required to be pleaded in the petition.

6. That the petition is not presented in collusion with the Respondent.

7. That the particulars of any previous matrimonial or connected proceedings between the parties are as follows: ______________________________. [If none, state so only where factually correct.]

8. That there is no unnecessary or improper delay in presenting the petition, subject to the facts and circumstances stated in the accompanying petition.

9. That the statements contained in the accompanying petition which are based on my personal knowledge are true and correct, and those based on records or information are believed by me to be true.

10. That this affidavit is sworn in support of the accompanying petition seeking a decree of divorce under Section 13(1)(i) of the Hindu Marriage Act, 1955.

DEPONENT

VERIFICATION

I, ______________________________, the above-named Deponent, verify that the contents of paragraphs 1 to ____ of this affidavit are true and correct to my personal knowledge and/or based on records and information believed by me to be true, and that nothing material has been concealed therefrom.

Verified at ______________________________ on this ____ day of __________________, 20____.

DEPONENT

Where Can a Divorce Petition under Section 13 HMA Be Filed?

Section 19 of the Hindu Marriage Act governs territorial jurisdiction. Depending on the facts, a petition may be presented within the jurisdiction where the marriage was solemnised, where the respondent resides, or where the parties last resided together. The Act also contains additional jurisdictional provisions, including a specific provision where the wife is the petitioner.

In areas where a Family Court has been established and has jurisdiction over the matrimonial dispute, the matter is ordinarily dealt with by the competent Family Court. The exact court designation should therefore be checked before using the heading in the specimen.

Important Drafting and Filing Points

The affidavit should remain consistent with the accompanying divorce petition. Allegations concerning adultery should not be stated merely as conclusions; the petition should set out the material facts and circumstances relied upon, while respecting the requirements of pleadings, evidence and privacy applicable to matrimonial proceedings.

Avoid inserting a named third person as a co-respondent unless the applicable court rules, local practice and facts of the case justify or require it. Court rules, affidavit requirements, e-filing procedures, attestation, formatting and supporting documents may differ between States and court establishments.

Privacy: Proceedings under the Hindu Marriage Act are subject to statutory privacy protections. Avoid publishing identifying allegations or sensitive matrimonial evidence merely because a specimen is available online.

Official Legal Links

India Code - Hindu Marriage Act, 1955 India Code - Section 13: Divorce India Code - Section 19: Court to which petition shall be presented Supreme Court of India - Joseph Shine v. Union of India

Disclaimer: This specimen is for general drafting and informational purposes. Matrimonial pleadings depend on the facts of the particular case, applicable High Court and Family Court rules, evidence and local filing requirements. Obtain case-specific legal advice before filing.