Precedent No. 55

AFFIDAVIT: UNDER SECTION 2 OF THE

DISSOLUTION OF MUSLIM MARRIAGE

ACT, 1939

BEFORE THE HON’BLE DISTRICT COURT,
Affidavit in Divorce O.P. No of 20

Petitioner:
Vs.
Respondent:

AFFIDAVIT
I, ,W/o , D/o ,
aged years, now residing in , do
hereby solemnly affirm and state as follows:—

1. I say that, I am the deponent abovenamed 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 was prosecuted and convicted and sentenced
to imprisonment for a period of seven years under section 376 of the
Indian Penal Code, 1860 in Sessions Case No by the District
and Sessions Court. Further, the appeal preferred by the respondent,
Criminal Appeal No , against the aforesaid conviction before the Hon’ble High Court was dismissed. Since the respondent did not approach the Hon’ble Supreme Court against the said order of the Hon’ble High Court, the sentence mentioned above has become final.
I say that, in view of the aforesaid fact, I am entitled to a decree for dissolution of my marriage with the respondent.
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.

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. Prayer may be avoided in affidavits and only facts may be given as far as possible and practical.