If the Husband engage in adultery, a Divorce Petition under Section 13(1)(i) of Hindu Marriage Act, 1955 can be filed to get Divorce from the Party on the ground of adultery. A Separate affidavit in the given format need to be filed with the Divorce petition.
Sample Format of Affidavit to be filed with Divorce Petition under Section 13(1)(i) of HMA is given below:
IN THE COURT OF THE _____________ JUDGE AT _________
H.M.A. PETITION NO. __________ OF 20__
IN THE MATTER OF:
MRS. WI_________
PETITIONER
VERSUS
MR. HU __________& ANR
RESPONDENTS
AFFIDAVIT
I, Ms. _______________ Wife of _______________ Daughter of ___________ aged _________ years, presently residing at _________________________, do solemnly affirm and say as follows:
1. That I am the Petitioner in the accompanying Petition under Section 13(1)(i) 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, my marriage with the respondent was solemnised at ___________ , on _________ , as per Hindu rites and ceremonies.
4. That, details laid out in the accompanying petition, with regard to my age, status and place of residence of the petition before marriage and at the time of filing this petition, may be treated as part of this petition.
5. That, no child was born out of the wedlock between the respondent and me.
6. That the respondent is guilty of committing adultery as the respondent is living with the co-respondent and has failed to return to the matrimonial home.
7. That, the respondent has completely withdrawn from the company of the petitioner since the aforementioned date.
8. That, the petition is not presented in collusion with the respondent.
9. That, there is no other legal ground why the relief should not be granted.
10. That, there has not been any unnecessary or improper delay in filing this petition.
11. That, there have not been any other previous proceedings between the
parties.
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
Solemnly affirmed and signed before me by the deponent, who is personally known to me, on this the _____ day of ________ ,20__.
COUNSEL FOR THE DEPONENT
(1) Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party
(i) has, after the solemnisation of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or
(ia) has, after the solemnisation of the marriage, treated the petitioner with cruelty; or
(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or
AFFIDAVIT FORMATS
Affidavit, Maintenance & Divorce, Delhi High Kusum Sharma v. Mahinder Kumar Sharma
Affidavit, Petition for Judicial Separation under Section 10 of Hindu Marriage, Act
Affidavit to be filed with Divorce petition under Section 13(1) of Hindu Marriage Act
Affidavit, Section 23(2) of The Protection of Women from Domestic Violence Act, 2005
Affidavit, Evidence by way of Affidavit, Complaint u/s 138, Negotiable Instruments Act
Affidavit under Motor Vehicles Act in a Motor Accident Petition Appeal
Affidavit to Register Marriage under Hindu Marriage Act
Affidavit under Section 2 of Dissolution of Muslim marriage Act
Affidavit in a Civil Revision Petition under section 115 of CPC and for stay against order
Evidence by way of Affidavit during Trial under Section 17 of Consumer Protection Act
Affidavit for Restoration Petition u/s 151 of CPC for to restore Dismissed Application
Affidavit, Application to delete name of Party from Petition order 1 Rule 10(2) of CPC
Affidavit for Petition for maintenance under section 125 CrPC
Affidavit for production of documents in court which not produced earlier
Affidavit to declare legal heirs of deceased employee to claim PF and Super Annuation
Affidavit for Application to arrest Defendant before Judgment
Affidavit for Application to change name in the Education Certificate
Affidavit with Application for substituted service of summon order V Rule 20 CPC
Affidavit with Application for Registration of Will after death of Testator
Affidavit to Application objecting notice to vacate premises occupied the by the landlord
Affidavit for Application to issue Duplicate Driving License from Transport Authority
Affidavit u/s 13(1)(i)(ib) of Hindu Marriage Act for Divorce Petition, Desertion 2+ years
Affidavit for Divorce Petition Section 13(1)(i) of Hindu Marriage Act, Ground of Adultery
Affidavit, Mutual Divorce Petition u/s 13B of HMA, Dissolution of Marriage, First Motion
Affidavit for Second Motion of Mutual Consent Divorce Petition u/s 13B(1) of HMA
Affidavit for Petition u/s 11 of Hindu Marriage Act for Decree of Nullity of Marriage
Affidavit for Petition for Maintenance under Section 24 of Hindu Marriage Act
Affidavit to Petition for Judicial Separation under Section 10 of Hindu Marriage Act
Affidavit to Petition Probate under Section 276 of Indian Succession Act
Affidavit to Recall ex- parte order and set aside it passed in the absence of Defendant
Evidence by way of Affidavit in a Suit for Dissolution of Partnership Firm
Affidavit for IA seeking Security from Defendant in a Recovery Suit under order XXXVII
Affidavit for Consumer Complaint u/s 12 of Consumer Protection Act to District Forum
Affidavit for Substitution Application, death of a Party in a Suit, order XXII Rule 3 CPC
Affidavit for Application to arrest, detain in Prison Judgment Debtor as per order XXI Rule 37 CPC
Affidavit to produce additional evidence in an appeal, Order XLI Rule 27 of Code of Civil Procedure
Affidavit to Anticipatory bail application under section 438 of Code of Criminal Procedure
Affidavit for Bail Application under section 437 of Code of Criminal Procedure
Affidavit for issue of Death Certificate after registration of death
Affidavit for Writ of Certiorari Writ Petition under Article 226 and 227 in High Court
Affidavit for Writ of Mandamus under Article 226 of the Constitution to be filed in High Court
Affidavit for Writ of Quo Warranto under Article 226 of the Constitution to be filed in High Court
Affidavit for Writ of Habeas Corpus under Article 226 of the Constitution to be filed in High Court