Hindu Divorce Affidavit Sec 13(1) - Free PDF Template India

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Title: Affidavit to be Filed with Divorce Petition under Section 13(1) of Hindu Marriage Act Format

Are you initiating divorce proceedings under Section 13(1) of the Hindu Marriage Act and need a reliable Affidavit to be Filed with Divorce Petition under Section 13(1) of Hindu Marriage Act Format? Our customizable legal template simplifies the process, ensuring compliance with Indian family court requirements for a smooth filing.

What is an Affidavit to be Filed with Divorce Petition under Section 13(1) of Hindu Marriage Act?

This affidavit is a sworn statement filed alongside the divorce petition under Section 13(1) of the Hindu Marriage Act, 1955. It verifies the facts stated in the petition, confirms the grounds for divorce such as cruelty, desertion, adultery, or conversion, and affirms that there is no collusion between spouses. Essential in Hindu divorce cases across India, this document supports petitions in family courts, upholding the legal validity of your claims.

Why is it Important?

Filing an affidavit is mandatory under Hindu Marriage Act procedures to authenticate the divorce petition. Courts require it to prevent frivolous claims and ensure truthfulness. Without a properly drafted affidavit, your petition risks rejection, delays, or dismissal. Using a ready-to-use Affidavit to be Filed with Divorce Petition under Section 13(1) of Hindu Marriage Act Format saves time, reduces errors, and boosts your case's credibility. It's crucial for both contested and mutual consent divorces, aligning with Supreme Court guidelines and state high court rules.

Key Elements of the Affidavit Format

A comprehensive Affidavit to be Filed with Divorce Petition under Section 13(1) of Hindu Marriage Act includes:

Deponent's Details: Full name, age, address, and relationship to the case (petitioner).
Marriage Particulars: Date, place of marriage, and solemnization details.
Grounds for Divorce: Specific facts under Section 13(1)(ia) to (ib), supported by evidence references.
No Collusion Clause: Declaration that the petition is not collusive.
Verification: Sworn before a Notary or Oath Commissioner, with date and place.
Annexures: List of supporting documents like marriage certificate.

This legal template in PDF/Word format ensures all sections meet court standards.

Who Should Use This Format?

Ideal for Hindu couples seeking divorce in India on grounds like mental/physical cruelty, desertion over two years, adultery, or spouse's conversion. Commonly used by:

Spouses in mutual consent or contested divorces.
NRIs filing in Indian courts.
Individuals navigating family courts in Delhi, Mumbai, Bangalore, or other cities. Whether you're a working professional or homemaker, this customizable sample streamlines your legal journey.

Download Your Ready-to-Use Template Now!

Get instant access to our professional Affidavit to be Filed with Divorce Petition under Section 13(1) of Hindu Marriage Act Format. Available for free download in editable Word or PDF format, it's fully customizable to fit your specifics. Paid options offer AI-generated personalization or legal expert reviews for precision.

Customize and Seek Professional Advice

While this ready-to-use legal template is designed for Indian courts, tailor it to your case details. Always consult a family law attorney to verify compliance with local rules. Not legal advice—use responsibly.

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AFFIDAVIT TO BE FILED WITH DIVORCE PETITION UNDER SECTION 13(1) OF HINDU MARRIAGE ACT

IN THE COURT OF THE _____________ JUDGE AT _________

MATRIMONIAL CASE NO. __________ OF 20__

IN THE MATTER OF:

MRS. WI_________ PETITIONER

VERSUS

MR. HU __________ RESPONDENT

AFFIDAVIT

I, Mr. / Ms. _______________ aged _________ years, Occupation _______ the Petitioner do solemnly affirm and say as follows:

1. That I am the Petitioner in the accompanying Petition under Section _____ of Hindu Marriage Act, 1955 and well acquainted with the facts of the case.

2. That I have gone through the contents of the accompanying Petition, I reaffirm the contents of the Petition, which are not being repeated here, for the sake of brevity.

3. That the Petition is not being presented or prosecuted in collusion with the Respondent.

4. That the Petitioner has not in any manner been accessory to or connived at the act or acts complained of cruelty by the Respondent.

5. That the Petitioner has not condoned the act or acts complained of or has not in any manner condoned the cruelty.

6. That there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of decree of Judicial Separation in a Proceeding to which they were parties (Change the sentence according to the section under which the divorce petition is filed).

7. That there has been no restitution of conjugal rights as between the parties for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in the Petition.

8. That the Petition is being presented without any unnecessary or improper delay on the part of the Petitioner.

9. There is no other legal ground as to why the decree prayed for should be not granted in favour of the Petitioner.

Signed at ___________ this ___________ day of ___________20__

DEPONENT

VERIFICATION

I, the above named deponent do hereby verify on oath that the contents of the affidavit above are true to my personal knowledge and nothing material has been concealed or falsely stated therein.

Signed and verified this _______ day of _______ 20 _______ at _______

DEPONENT

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Important Guidelines

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.

Frequently asked questions

What is the purpose of the Affidavit to be filed with Divorce Petition under Section 13(1) of Hindu Marriage Act?→

This legal affidavit accompanies the divorce petition under Section 13(1) of the Hindu Marriage Act, 1955, verifying marriage details, grounds for divorce (like cruelty or desertion), and jurisdictional facts for Indian family courts.

Is this affidavit legally valid in India for Hindu divorce cases?→

Yes, it is fully compliant with Section 13(1) of the Hindu Marriage Act, 1955, and recognized by courts across India for Hindu couples seeking divorce on specified grounds.

Do I need to pay stamp duty on this affidavit in India?→

Yes, stamp duty applies as per state laws (typically Rs. 10-100); purchase non-judicial stamps, affix them, and get the affidavit notarized or attested before filing.

In what format can I download this affidavit template?→

Available for free download in editable Word (.docx) and PDF formats, suitable for customization and printing.

Can I customize and edit this affidavit before use?→

Absolutely, this customizable template allows editing personal details, grounds for divorce, and dates; ensure accuracy before notarization for legal validity.

Who should use this Affidavit for divorce petition under HMA Section 13(1)?→

Hindu spouses (husband or wife) filing a contested divorce petition in India on grounds like adultery, cruelty, or desertion must attach this affidavit to the petition.