Affidavit Under Section 2 Of The Dissolution Of Muslim Marriage Act, 1939 - Legal Draft

Precedent No. 55

AFFIDAVIT: UNDER SECTION 2 OF THE DISSOLUTION OF MUSLIM MARRIAGE ACT,

1939

BEFORE THE HON'BLE DISTRICT COURT,

Affidavit in Divorce O.P. No of 20

Petitioner:

Vs.

Respondent:

AFFIDAVIT

I, ,W/o , D/o ,

aged years, now residing in , do

hereby solemnly affirm and state as follows:—

1. I say that, I am the deponent abovenamed and I am well acquainted

withthe facts and circumstances of the case. I am competent to swear to

thisaffidavit.

1. I say that, I and my husband, namely the respondent herein are both

Muslims and were married under the Muslim Law at ,

on ,20

1. I say that, the respondent was prosecuted and convicted and

sentencedto imprisonment for a period of seven years under section 376

of the

Indian Penal Code, 1860 in Sessions Case No by the District

and Sessions Court. Further, the appeal preferred by the respondent,

Criminal Appeal No , against the aforesaid conviction before the

Hon'ble High Court was dismissed. Since the respondent did not approach

the Hon'ble Supreme Court against the said order of the Hon'ble High

Court, the sentence mentioned above has become final.

1. I say that, in view of the aforesaid fact, I am entitled to a

decree for dissolution of my marriage with the respondent.

1. It is therefore, in the interest of justice, equity and

conscience that this Hon'ble Court may be pleased to issue appropriate

orders for the dissolution of marriage.

Sd./ Deponent.

Verification

Verified at on this the day of ,20 , that the

contents of the above affidavit are true and correct to the best of my

knowledge, belief and information and nothing material has been

concealed therefrom.

Sd./ Deponent.

Solemnly affirmed and signed before me by the deponent, who is

personallyknown to me, on this the day of ,20

Sd./

Counsel for the deponent.

Note: Affidavit to be attested by the appropriate authority prescribed

under law. Prayer may be avoided in affidavits and only facts may be

given as far as possible and practical.