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Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Guidelines for Drafting an Affidavit Format under Section 23(2) of the Protection of Women from Domestic Violence Act, 2005:
An affidavit under Section 23(2) of the Protection of Women from Domestic Violence Act, 2005, is used when the court requires a sworn statement or affidavit to be filed as part of the legal proceedings related to domestic violence cases. This affidavit often contains crucial details about the victim's experience and the relief sought. Here are guidelines for drafting such an affidavit and common mistakes to avoid:
Heading: Begin with the title "Affidavit under Section 23(2) of the Protection of Women from Domestic Violence Act, 2005" and include the name of the court, case number, and parties involved.
Personal Details: Clearly identify the deponent (the person making the affidavit) and provide their full name, address, and relationship to the victim.
Incident Details: Describe in detail the incidents of domestic violence experienced by the victim, including dates, locations, and the nature of the abuse or harassment.
Relief Sought: Specify the reliefs or orders requested from the court under the Act, such as protection orders, monetary relief, or custody orders for children.
Supporting Evidence: Attach any supporting documents or evidence, such as medical reports, photographs, or witness statements, to substantiate the claims mentioned in the affidavit.
Declaration: Include a declaration at the end of the affidavit affirming that the information provided is true and correct to the best of the deponent's knowledge.
Common Mistakes to Avoid:
Inaccurate Information: Ensure all details are accurate and complete, with no factual errors.
Lack of Specifics: Provide specific incidents and details of domestic violence to strengthen the case.
Failure to Attach Evidence: Include all necessary documents and evidence to support the claims made in the affidavit.
Ignoring Legal Counsel: Consult with an attorney experienced in domestic violence cases to ensure compliance with legal procedures.
Not Responding to Court Orders: Be prompt in responding to court orders and attend hearings to avoid adverse judgments.
Drafting an affidavit under Section 23(2) is a critical step in domestic violence cases. Seek legal counsel to ensure that the affidavit is well-prepared, compliant with legal requirements, and effectively supports the victim's case in court.