Joint affidavit of both spouses (mutual-consent divorce)
The affidavit both spouses swear with the mutual-consent petition.
Opens Dastavo with this paper ready to fill, on this computer or in the app. No account needed.
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Not yet reviewed by a lawyer. Check every line before it is signed.
How the paper begins
With Dastavo's sample details; the people and places are fictional. The words in blue are the ones you fill in.
IN THE COURT OF Principal Judge, Family Court, Shantipur
AND
JOINT AFFIDAVIT OF THE PETITIONERS
We, Anil Verma son of Shri Ramesh Verma, aged about 31 years, resident of House No. 204, Sector 9, Shantipur, District Shantipur, Haryana, and Neha Verma wife of Shri Anil Verma, aged about 28 years, resident of House No. 204, Sector 9, Shantipur, District Shantipur, Haryana, the petitioners, do hereby jointly and solemnly affirm and declare as under:
1.That we are the petitioners in the above petition under Section 13-B of the Hindu Marriage Act, 1955, which has been drafted on our instructions; its contents are true and correct.
2.That we have been living separately since 01-06-2024, and we have no intention of living together again.
3.That we have settled all our claims as follows: the husband shall pay ₹6,00,000 to the wife as full and final permanent alimony, ₹3,00,000 at the first motion and ₹3,00,000 at the second motion; all stridhan has been returned. No claim of either of us against the other survives.
The rest of the paper is in Dastavo.
What to bring
Papers to bring
- Both spouses' Aadhaar cards or other photo identity proofs, with proof of the present address (photocopies; the originals to show)
- The first-motion petition it goes with: the affidavit swears that its contents are true
- The settlement terms, so that the affidavit repeats them word for word
- Passport-size photographs of both, if the court or the Oath Commissioner asks
Where to go
Both spouses sign it before the Oath Commissioner at the court complex, identified by the advocate, and it is filed with the first-motion petition.
Fee
An affidavit made only to be filed in a court is usually free of stamp duty, and no court fee is needed unless the court-fee counter says so; the Oath Commissioner's fee is paid at the counter. Ask there for today's amounts.
Good to know
- Both spouses must come in person with their original identity proofs: each signs before the Oath Commissioner.
- Read it in your own language before signing: you swear that the settlement is complete and that your consent is free.
Papers and fees can change. Check with the office before you go. Guidance only, not yet reviewed by a lawyer.
Stamp paper
Punjab: affidavits are usually typed on e-stamp paper (buy it at an authorised e-stamp centre; check the current duty there) and sworn before an Oath Commissioner or Notary. Many state services now accept a self-declaration instead.
Haryana: use e-stamp paper (egrashry / authorised vendors; check the current duty) and swear before an Oath Commissioner or Notary.
Chandigarh: e-stamp paper from an authorised centre (check the current duty); sworn before an Oath Commissioner or Notary.