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Affidavit to be filed with Divorce petition under Section 13(1) of Hindu Marriage Act. Affidavit needs to be filed along with Matrimonial Petitions.

Format of Affidavit to be filed along with Divorce Petition under Section 13(1) of Hindu Marriage Act to get divorce.

Petitions for Divorce under Section 13 (1) of the Hindu Marriage Act 1955 needs to be attached with Affidavit describing the incidents.

Format of Affidavit to be filed in Support of Matrimonial Petition under Section 13(1) of Hindu Marriage Act 1955 is given below:

 

 

IN THE COURT OF THE _____________ JUDGE AT _________

MATRIMONIAL CASE NO. __________ OF 20__
 

IN THE MATTER OF:

MRS. WI_________                                                                PETITIONER
 

VERSUS


MR. HU __________                                                           RESPONDENT
 

AFFIDAVIT


I, Mr. / Ms. _______________ aged _________ years, Occupation _______ the Petitioner do solemnly affirm and say as follows:


1. That I am the Petitioner in the accompanying Petition under Section _____ 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 the Petition is not being presented or prosecuted in collusion with the Respondent.

4. That the Petitioner has not in any manner been accessory to or connived at the act or acts complained of cruelty by the Respondent.

 

 

5. That the Petitioner has not condoned the act or acts complained of or has not in any manner condoned the cruelty.

6. That there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of decree of Judicial Separation in a Proceeding to which they were parties (Change the sentence according to the section under which the divorce petition is filed).

7. That there has been no restitution of conjugal rights as between the parties for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in the Petition.

8. That the Petition is being presented without any unnecessary or improper delay on the part of the Petitioner.

9. There is no other legal ground as to why the decree prayed for should be not granted in favour of the Petitioner.
 

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

 

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