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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.
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 to be Filed with a Divorce Petition under Section 13(1) of the Hindu Marriage Act:
An affidavit accompanying a divorce petition under Section 13(1) of the Hindu Marriage Act is used when one spouse seeks to dissolve their marriage on grounds such as cruelty, adultery, desertion, or conversion to another religion. This affidavit is a sworn statement supporting the grounds mentioned in the divorce petition. Here are guidelines for drafting such an affidavit and common mistakes to avoid:
Heading: Begin with the title "Affidavit in Support of Divorce Petition under Section 13(1) of the Hindu Marriage Act, 1955" and include the name of the appropriate court, case number, and parties involved.
Personal Details: Clearly identify the deponent (the person making the affidavit) with their full name, address, marital status, and occupation.
Marriage Details: Describe the details of the marriage, including the date and place of the marriage, the name of the spouse, and any other relevant details about the marital relationship.
Grounds for Divorce: Clearly and specifically state the grounds for seeking divorce, such as cruelty, adultery, desertion, or other reasons, along with specific incidents, dates, and circumstances.
Supporting Evidence: Attach any relevant documents, photographs, or witness statements that substantiate the grounds 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, complete, and supported by evidence.
Lack of Specifics: Provide specific examples and incidents to support the grounds for divorce.
Failure to Attach Evidence: Include all necessary documents and evidence to strengthen your case.
Ignoring Legal Counsel: Consult with an attorney experienced in family law 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 for a divorce petition is a critical step in the legal process and requires careful attention to detail and adherence to statutory requirements. Seek legal counsel to navigate the process effectively and ensure that the affidavit is well-prepared and compliant with the Hindu Marriage Act.