A separate affidavit needs to be filed with the Petition for Judicial Separation under Section 10 of Hindu Marriage Act when Judicial Separation is seeking on the ground of Cruelty, Desertion, Adultery, Forced conversion of religion, Incurable diseases such as leprosy, cancer, Ebola, etc., Insanity or abnormality, Venereal or sexual diseases, Child marriage etc.
Format of Affidavit to be filed in support of matrimonial Petition under Section 10 of Hindu Marriage Act is given below:
IN THE COURT OF THE _____________ JUDGE AT _________
MATRIMONIAL CASE NO. __________ OF 20__
IN THE MATTER OF:
MRS. GG __________ RESPONDENT
I, _______ Mr. / Ms. ___________ aged ____years, Occupation_______, the Petitioner, solemnly affirm and say as under:
1. That I am the Petitioner in the accompanying Petition under Section ____ of Hindu Marriage Act 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. That on _______ the Petitioner was introduced to a person by his friend. During the conversation it was found that the Respondent is already marred to a third person. The Respondent while marrying the Petitioner not revealed this fact and kept the Petitioner bank. That on _____ first husband of the Respondent reached the house of Petitioner and demanded to send Respondent with him. That on the same day Respondent along with two children have gone with her former husband.
5. The Petition is being presented without any unnecessary or improper delay on the part of the Petitioner.
6. 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 _______
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.
verified at ________ this _______ day of _______ 20 _______
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