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What is an affidavit in lieu of evidence in a divorce case?

What is an affidavit in lieu of evidence in a divorce case?

Here is the actual format of an affidavit filed in divorce cases. 

                                IN THE HON’BLE FAMILY COURT 

Rahul Dagar 

               …Petitioner No.1

AND

Savita

                    …Petitioner No.2

PETITION UNDER SECTION 13(B) OF THE HINDU MARRIAGE ACT 1955 AS AMENDED UPTO DATE FOR A DECREE OF DIVORCE BY MUTUAL CONSENT.

Affidavit

I, Savita __________________, the above named deponent do hereby solemnly affirm and declare as under:-

1.   That the deponent is the petitioner no. 2 in the accompany petition and she is well conversant with the facts and circumstances in the case and as such she is fully competent to swear this affidavit.

2.  That the accompany petition U/s 13-B of the Hindu Marriage Act 1955 for divorce by way of mutual consent has been drafted by my counsel under my instructions and the contents thereof have also been explained to me which are true and correct to the best of my knowledge and the same may be read as part and parcel of this affidavit as the same are not being repeated here for the sake of the brevity.

3.  That the deponent was married with the petitioner no. 1 and after the marriage of the petitioner no. 1 and petitioner no. 2 they resided at the residence of the petitioner no. 1 at ........................ and cohabitated as husband and wife to each other and no issue was born out of the said wed lock.

4.   That effort were also made by the elders, relatives and friends of the parties from time to time to bring about reconciliation between the parties, but all such efforts failed miserably. Since the efforts were not bearing fruits the elders and parents of both the parties to the present petition decided to respect the decision of the parties and held a meeting and all the terms and conditions of the peaceful separation of the parties were settled with the active involvement of the parties.

5.  That all the disputes with respect to the maintenance, past, present and future, alimony, both temporary and permanent as well as the Istrithan shall be settled and nothing shall remain due to petitioner no. 1

6.   That the petitioners have agreed not to file any case, claim, petition or any other complaint against each other or against any of their family members, in any court of law, tribunal, forum, authority etc. before the police station or in any other department or authority and in case any such complaint or case is found at any stretch of time in future, the same will be treated as compromised/withdrawn.                                     

DEPONENT

Verification:-       Verified that the contents of this affidavit are true and correct to the best of our knowledge and belief and nothing has been concealed therein. Verified at 

                                         DEPONENT


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1 Comments

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