Affidavit under Section 2 of Dissolution of Muslim marriage Act.

Format of Affidavit to be filed with application for Dissolution of Muslim Marriage

Application for Dissolution of Muslim Marriage under Section 2 of Muslim Marriage Act should to be supported with affidavit from the Petitioner. The Grounds of Divorce should be clearly mentioned in the Application. Grounds for seeking divorce under Muslim Marriage Act is given below after the affidavit format.

Sample Format of Affidavit for Dissolution of Marriage under Muslim Marriage Act is given below:

BEFORE THE HON'BLE ___________ COURT AT _______
O.P. No __ of 20__

Mrs. _______________________________ PETITIONER

VERSUS

MR. ________________________________ RESPONDENT

AFFIDAVIT

I, ____________________________, Wife of _____________, Daughter of ______ __________________________ , aged______ years, resident of _______________ , do hereby solemnly affirm and state as follows:

1. I say that, I am the deponent above named and I am well acquainted with the facts and circumstances of the case. I am competent to swear to this affidavit.

2. I say that, I and my husband, namely the respondent herein are both Muslims and were married under the Muslim Law at _________, on______20__.

3. I say that, the respondent gone abroad for a job in the year________. There was communication from him for first 6 months. Thereafter I have not received any communication. We have tried to trace him from __________ country, but not information is received yet.

4. That the that whereabouts of the Respondent is not been known for a period of five years.

5. I say that, in view of the aforesaid fact, I am entitled to a decree for dissolution of my marriage with the respondent.

6. It is therefore, in the interest of justice, equity and conscience that this Hon'ble Court may be pleased to issue appropriate orders for the dissolution of marriage.

DEPONENT

VERIFICATION
Verified at on this the _____ day of ,20__ that the contents of the above affidavit are true and correct to the best of my knowledge, belief and information and nothing material has been concealed therefrom.

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 2 in the Dissolution of Muslim Marriages Act, 1939

2. Grounds for decree for dissolution of marriage

A woman married under Muslim law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely:

(i) that the whereabouts of the husband have not been known for a period of four years;

(ii) that the husband has neglected or has failed to provide for her maintenance for a period of two years;

(iii) that the husband has been sentenced to imprisonment for a period of seven years or upwards;

(iv) that the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years;

(v) that the husband was impotent at the time of the marriage and continues to be so;

(vi) that the husband has been insane for a period of two years or is suffering from leprosy or virulent venereal disease;

(vii) that she, having been given in marriage by her father or other guardian before she attained the age of fifteen years, repudiated the marriage before attaining the age of eighteen years.

Provided that the marriage has not been consummated

(viii) that the husband treats her with cruelty, that is to say

(a) habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment, or

(b) associates with women of evil repute or leads an infamous life, or

(d) disposes of her property or prevents her exercising her legal rights over it, or

(e) obstructs her in the observance of her religious profession or practice, or

(f) if he has more wives than one, does not treat her equitably in accordance with the injunctions of the Quran;

(ix) on any other ground which is recognised as valid for the dissolution of marriages under Muslim law:

Provided that-
(a) no decree shall be passed on ground (iii) until the sentence has become final

(b) a decree passed on ground (i) shall not take effect for a period of six months from the date of such decree, and if the husband appears either in person or through an authorised agent within that period and satisfies the Court that he is prepared to perform his conjugal duties, the Court shall set aside the said decree; and

(c) before passing a decree on ground (v) the Court shall, on application by the husband, make an order requiring the husband to satisfy the Court within a period of one year from the date of such order that he has ceased to be impotent, and if the husband so satisfies the Court within such period, no decree shall be passed on the said ground.