Precedent No. 59

AFFIDAVIT: UNDER SECTION 10 OF

THE HINDU MARRIAGE ACT, 1955 –

JUDICIAL SEPARATION

IN THE COURT OF THE ADDL. DISTRICT JUDGE,
H.M.A. Petition No of 20

Petitioner:
Vs.
Respondent:

AFFIDAVIT of , S/o , aged ,
presently residing in

The deponent abovenamed hereby solemnly affirms and states as follows:—
1.That, the deponent is the petitioner in the accompanying petition and is well conversant with the facts and circumstances of the case. The deponent is competent to swear to this affidavit.
2.That, the marriage of the deponent was solemnized with the respondent at Delhi, on , as per Hindu rites and ceremonies.
3.That, the details laid out in the accompanying petition, with regard to the age, status and place of residence of the deponent before marriage and at the time of filing this petition, may be treated as part of this affidavit.
4. That, after the said marriage, the deponent lived with the respondent at
his residence till and on the respondent, without any
cause or justification, left the matrimonial home and started living with her parents.
5.That, the respondent has withdrawn from the company of the deponent and all the efforts of the deponent to bring the respondent back to the matrimonial home have come to nought in the wake of the respondent’s unflinching intention to live separately from the deponent.
6.That, since the respondent is not at all inclined to live with the deponent, it is in the interest of justice that judicial separation may be ordered.
7.That, there has not been any unnecessary or improper delay in filing this petition.
8.That, there is no other legal ground why the relief should not be
granted.
9.That, there have not been any other previous proceedings between the parties.
Sd./ 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.
Sd./ Deponent.
Solemnly affirmed and signed before me by the deponent, who is personally
known to me, on this the day of ,20
Sd./
Counsel for the deponent.
Note: Affidavit to be attested by the appropriate authority prescribed under law.