Legal Format | Domestic Violence Act

Affidavit Under Section 23(2) of the Domestic Violence Act, 2005 - Form III

Updated specimen of the prescribed Form III affidavit used when an aggrieved person seeks interim or ex parte relief under Section 23(2) of the Protection of Women from Domestic Violence Act, 2005.

Important: Rules 6(4) and 7 of the Protection of Women from Domestic Violence Rules, 2006 prescribe Form III for an affidavit seeking an ex parte order under Section 23(2). Court practice can vary, so the form should be completed and adapted to the facts of the case and any local filing requirements.

Legal Basis

Section 23 empowers the Magistrate to make interim orders. Under Section 23(2), where the application prima facie discloses domestic violence, past domestic violence, or a likelihood of domestic violence, the Magistrate may grant an ex parte order on the basis of the prescribed affidavit in relation to reliefs under Sections 18, 19, 20, 21 or 22.

Official legal references

Protection of Women from Domestic Violence Act, 2005 Protection of Women from Domestic Violence Rules, 2006

When This Affidavit Is Used

Form III is used with an application seeking urgent interim or ex parte protection under Section 23(2). Depending on the facts, the accompanying application may seek a protection order, residence order, monetary relief, temporary custody, compensation, or other relief available under Sections 18 to 22.

Form III - Affidavit Under Section 23(2)

FORM III
[See Rules 6(4) and 7]

Affidavit Under Section 23(2) of the Protection of Women from Domestic Violence Act, 2005

IN THE COURT OF , MM/JMFC,

P/S:

IN THE MATTER OF:

Ms. & Others COMPLAINANT / APPLICANT

VERSUS

Mr. & Others RESPONDENT(S)

AFFIDAVIT

I, , W/o Mr. , R/o , D/o Mr. , R/o , presently residing at , do hereby solemnly affirm and declare on oath as under:

That I am the Applicant in the accompanying application for , filed for myself and for my daughter/son.
That I am the natural guardian of .
That being conversant with the facts and circumstances of the case, I am competent to swear this affidavit.
That the Deponent had been living with the Respondent(s) at from to .
That the details provided in the present application for grant of relief under Section(s) have been entered by me / at my instructions.
That the contents of the application have been read over and explained to me in English / Hindi / other local language, namely .
That the contents of the said application may be read as part of this affidavit and are not repeated herein for the sake of brevity.
That the Applicant apprehends repetition of the acts of domestic violence by the Respondent(s) against which relief is sought in the accompanying application.
That the Respondent(s) has/have threatened the Applicant that .
That the reliefs claimed in the accompanying application are urgent, as the Applicant would face financial hardship and/or a threat of repetition or escalation of the acts of domestic violence complained of if the reliefs are not granted on an ex parte ad interim basis.
That the facts stated herein are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT

VERIFICATION

Verified at on this day of , 20 , that the contents of the above affidavit are correct to the best of my knowledge and belief, no part of it is false, and nothing material has been concealed therefrom.

DEPONENT

Filing Note

The affidavit is ordinarily filed with the relevant application under the Domestic Violence Act. Fill in only facts that are true and applicable. Delete inapplicable alternatives, identify the exact reliefs sought, and follow the affidavit, attestation, pagination and filing requirements of the court concerned.