Precedent No. 56

AFFIDAVIT: UNDER SECTION 13(1)(ia) OF

THE HINDU MARRIAGE ACT, 1955 –

DISSOLUTION OF MARRIAGE ON THE

GROUND OF CRUELTY

BEFORE THE ADDL DISTRICT JUDGE,
H.M.A. Petition No
Petitioner:
Vs.
Respondent:
AFFIDAVIT I, , W/o , D/o , presently
residing in , do hereby solemnly affirm and state as follows:—
That, I am the petitioner in the accompanying application for dissolution of marriage. I am well conversant with the facts and circumstances of the case and I am competent to swear to this affidavit.
That, I was married to the respondent herein at Delhi, on
, as per Hindu rites and ceremonies.
3. That, I was unmarried before my marriage to the respondent and my address before marriage and at the time of filing this petition was My age before marriage and at the time of filing this petition was and respectively.
4.That, after marriage, I lived with the respondent in his house till, owing to the cruelty bestowed upon me by the respondent and his mother, I was forced to leave the matrimonial house on
5.That, no child was born out of the wedlock between the respondent and me.
6.That, I have not been able to live with the respondent and have been living separately since the aforesaid date. 7.There has been absolutely no cohabitation between the respondent and me ever since.
8.That, all efforts towards reconciliation with the respondent have proved futile and there is no possibility or scope whatsoever of our ever living together as a married couple.
9.That, I have not been an accessory to or connived at or condoned the acts of cruelty complained of.
10.That, there have not been any other proceedings with regard to marriage by or on behalf of any party.
11.That, this petition is not presented in collusion with the respondent.
12.That, there is no other legal ground why the relief should not be granted.
13.That, there has been no unnecessary delay in filing this petition.
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.

Using this format

This is a reference draft reproduced for study and adaptation. Court rules, court fees and the correct forum vary with the facts and the value of the claim, so have the document checked and filed by an advocate. A defective application can be returned or dismissed even when the case itself is good.

Our Family Law team drafts and files these documents before the Calcutta High Court, city civil courts, magistrate, family and consumer courts in Kolkata. Our family law team handles divorce, maintenance, custody and succession matters.

Disclaimer: this page is a sample format reproduced for reference and study. It is not legal advice and does not create an advocate–client relationship.

Affidavit for Dissolution of Marriage on the Ground