Affidavit to Petition for Judicial Separation under Section 10 of Hindu Marriage Act.

Format of Affidavit for Judicial Separation Petition under section 10 of HMA.

Section 10 of Hindu Marriage Act  (Judicial separation) (1) Either party to a marriage, whether solemnized before or after the commencement of this Act, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub-section (1) of section 13, and in the case of a wife also on any of the grounds specified in sub-section (2) thereof, as grounds on which a petition for divorce might have been presented.

Sample Format of Affidavit to be filed with Petition for Judicial Separation under Section 10 of Hindu Marriage Act is given below: 

 

IN THE COURT OF THE _____________ JUDGE AT _________

H. M. A PETITION NO _______ OF 20__
 

IN THE MATTER OF:

MRS. _________                                                              PETITIONER

VERSUS

MR. __________                                                              RESPONDENT

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 24 of Hindu Marriage Act, 1955 and well acquainted with the facts of the case. I am competent to sear to this affidavit.

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, I was married to the respondent at ____________, on _________, as per Hindu rites and ceremonies.

4. That, the details laid out in the accompanying petition, with regard to the age, status and place of residence of the deponent before marriage and at the time of filing this petition, may be treated as part of this affidavit.

5. That, after the said marriage, the deponent lived with the respondent at his residence till and on the respondent, without any cause or justification, left the matrimonial home and started living with her parents.

6. That, the respondent has withdrawn from the company of the deponent and all the efforts of the deponent to bring the respondent back to the matrimonial home have come to naught in the wake of the respondent's unflinching intention to live separately from the deponent.

7. That, since the respondent is not at all inclined to live with the deponent, it is in the interest of justice that judicial separation may be ordered.

8. That, there has not been any unnecessary or improper delay in filing this petition.

9. That, there is no other legal ground why the relief should not be granted.

10. That, there have not been any other previous proceedings between the parties.

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

 

Section 10 of The Hindu Marriage Act, 1955

10 Judicial separation

(1) Either party to a marriage, whether solemnized before or after the commencement of this Act, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub-section (1) of section 13, and in the case of a wife also on any of the grounds specified in sub-section (2) thereof, as grounds on which a petition for divorce might have been presented.

(2) Where a decree for judicial separation has been passed, it shall no longer be obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so.