DV Act 2005 Sec 23(2) Affidavit Format

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AFFIDAVIT FORMAT UNDER SECTION 23(2) OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005

Facing domestic violence and seeking urgent court protection? Our Affidavit Format Under Section 23(2) of the Protection of Women from Domestic Violence Act, 2005 is a ready-to-use legal template designed specifically for India, available for free download in PDF and Word formats. This customizable affidavit empowers aggrieved women to apply for immediate interim and ex-parte relief without delay.

What is an Affidavit Under Section 23(2) of the PWDVA, 2005?

Under Section 23(2) of the Protection of Women from Domestic Violence Act, 2005 (PWDVA), the Magistrate can grant ex-parte interim orders for protection, residence, monetary relief, custody, or compensation if there's prima facie evidence of domestic violence. The Affidavit Format Under Section 23(2) serves as sworn testimony by the aggrieved person (usually the wife or live-in partner) detailing the acts of violence, making it a critical document for initiating urgent proceedings in family courts or Magistrate courts across India.

This format complies with Indian legal standards, ensuring your application is structured correctly for swift judicial action. Whether it's physical abuse, emotional harassment, economic control, or sexual violence, this affidavit provides the factual foundation needed for the court to intervene promptly.

Why is this Affidavit Format Important?

In domestic violence cases, time is critical. Delays can escalate risks to safety and well-being. Filing an Affidavit Format Under Section 23(2) allows courts to issue emergency orders without notifying the respondent (abuser) first, preventing further harm. It's legally mandated to support applications under Sections 18-22 of the PWDVA, enhancing your chances of securing residence rights, protection orders, or maintenance. Using a professional, ready-to-use template saves time, reduces errors, and boosts credibility in court.

Key Elements of the Affidavit Format Under Section 23(2)

A comprehensive Affidavit Format Under Section 23(2) of the Protection of Women from Domestic Violence Act, 2005 includes:

Heading and Court Details: Specify the Magistrate Court and case title.
Deponent's Particulars: Full name, age, address, relationship with respondent.
Facts of Domestic Violence: Chronological account of incidents (physical, verbal, economic, etc.), with dates, witnesses if any.
Legal Basis: Reference to Sections 23(2), 18-23 of PWDVA.
Prayer/Relief Sought: Specific requests like protection order, residence, compensation.
Verification Clause: Signed and verified before oath commissioner/Notary.
Annexures: Supporting evidence like medical reports or photos.

This structure ensures completeness and judicial acceptance.

Who Should Use This Affidavit Sample?

Ideal for:

Aggrieved women experiencing domestic violence from husbands, in-laws, or partners.
Advocates representing victims in protection officer-assisted cases.
NGOs and helplines aiding survivors in India.

Common use cases include urgent protection in marital homes, child custody amid abuse, or monetary relief during separation.

Download Your Customizable Affidavit Format Now

Get instant access to our free downloadable Affidavit Format Under Section 23(2) in editable Word or PDF. Customize it with your details, print, and file today. For personalized versions, opt for our AI-generated or lawyer-reviewed paid templates.

Important Note

While this legal template is ready-to-use and based on standard Indian court requirements, it's not a substitute for professional legal advice. Consult a domestic violence lawyer or protection officer to tailor it to your case. Explore related formats like Affidavit under Section 12 PWDVA or Domestic Incident Report for comprehensive support. Search terms: domestic violence affidavit India, PWDVA Section 23(2) sample, free legal templates India.

AFFIDAVIT FORMAT UNDER SECTION 23(2) OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005

IN THE COURT OF JUDICIAL MAGISTRATE AT _________

CASE NO. __________ OF 20__

IN THE MATTER OF:

MRS. W_________ COMPLAINANT

VERSUS

MR. H __________ RESPONDENT

Police Station : _________________

AFFIDAVIT

I, __________________ Wife of Mr. ________________ Resident of

______________________________, D/o Mr. _________________

R/o__________________________ presently residing at____________ do solemnly

affirm and declare on oath as under:

1. That I am the Applicant in the accompanying Application for ____________ filed for myself and for my daughter / son.

2. That I am the Natural guardian of ______________________________.

3. That being conversant with the facts and circumstances of the case I am competent to swear this Affidavit.

4. That the Deponent had been living with the Respondent at _________ since ______ to ________

5. That the details provided in the present Application for the grant of relief under Section (s) _________ have been entered into by the Deponent / at my instructions.

6. That the contents of the said application have been read over, explained to me in English/ Hindi / any other local language (Please specify ______________)

7. That the contents of the said application may be read as part of this affidavit and are not being repeated herein for the sake of brevity.

8. That the Applicant apprehends repetition of the acts of domestic violence by the Respondent (s) against which relief is sought in the accompanying application.

9. That the Respondent has threatened the applicant that ________________

10. That the relief claimed in the accompanying application are urgent in as much as the applicant would face great financial hardship and would be forced to live under threat of repetition / escalation of acts of domestic violence complained of in the accompanying application by the Respondent (s) if the said reliefs are not granted on the ex parte ad interim basis.

11. That the facts mentioned herein are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT

VERIFICATION

Verified at ____________ (Place) on this___ day of ___________ that the contents of Paras 1 to 12 of the above application are true and correct to the best of my knowledge and belief nothing in Material has been concealed therefrom.

DEPONENT

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Important Guidelines

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.

Frequently asked questions

What is the purpose of the Affidavit under Section 23(2) of the Protection of Women from Domestic Violence Act, 2005?→

This legal affidavit in India supports applications for interim or ex-parte relief by the aggrieved person or Protection Officer under Section 23(2) of the Domestic Violence Act, 2005, to seek urgent protection orders.

Is this Affidavit format legally valid in India?→

Yes, this format complies with the Protection of Women from Domestic Violence Act, 2005, and Indian legal standards, but it must be properly notarized or attested by a Magistrate for court validity.

Do I need to pay stamp duty for this Affidavit in India?→

Affidavits in India require stamp duty under the Indian Stamp Act, varying by state (typically Rs. 10-100); verify your state's rate and get it executed on stamp paper before notarization.

In what format can I download this Affidavit?→

Download this customizable Affidavit template in editable Word or ready-to-use PDF format for convenient legal use in India.

Can I edit or customize this Affidavit template?→

Yes, the Word version is fully customizable; edit details like names, incidents, and relief sought before printing, signing, and notarizing for your Indian court filing.

Who should use this Affidavit and when in domestic violence cases?→

Aggrieved women, Protection Officers, or their advocates in India should use it when applying for emergency interim relief under Section 23(2) of the Domestic Violence Act, 2005.