Understanding Affidavits in NRI Divorce Proceedings: A Guide by Legal Light Consulting

Introduction

For Non-Resident Indians (NRIs) seeking a divorce in India, navigating the legal process from abroad can be complex. A key component of divorce proceedings, particularly under the Special Marriage Act, 1954, is the affidavit, which serves as a sworn statement verifying the authenticity of the petitioners’ claims.

Legal Light Consulting – LLC Lawyer, a leading law firm in India, specializes in assisting NRIs with divorce-related legalities, including affidavit preparation. This article explores the role of affidavits in mutual consent divorce and how our firm supports NRIs in this process.

IN THE COURT OF SENIOR CIVIL JUDGE, DELHI

S.M.A. CASE NO.                   OF 2008

IN THE MATTER OF:-

_____________                            …..   PETITIONER NO.1

                                AND

__________________                     ….     PETITIONER NO.2

AFFIDAVIT

I, MRS._____________ , D/o. Sh. ____________, R/o. _______________, do hereby solemnly affirm and declare as under:-

1. That I am petitioner no.2 in the above case and am conversant with the facts of the case and am competent to swear this affidavit.
2. That the accompanying mutual divorce petition has been drafted by my counsel under my instructions. The statement of facts contained therein are true and correct to my knowledge.
3. That the petitioner no.1 was married to petitioner no.2 on ______ according to Muslim Rites & Customs (Special Marriage Act) ____________ at New Delhi.
4. That the petition has not been presented in collusion with petitioner no.1.
5. That I am not repeating the contents of the accompanying petition for the sake of brevity and the same be read as part and parcel of this affidavit.

Deponent

Verification:-

        I, ______________, the above named petitioner no.2 do hereby verify that the contents of my above affidavit are true and correct to my knowledge. No part of it is false and nothing has been concealed therefrom.

        Verified at New Delhi on this 20^th day of September 2021.

                                                                    Deponent

The Role of an Affidavit in Divorce Proceedings

An affidavit is a critical document in mutual consent divorce cases filed under Section 28 of the Special Marriage Act, 1954. It is a sworn declaration by each petitioner (spouse) that confirms their agreement to dissolve the marriage and the accuracy of the petition’s details.

For NRIs, ensuring the affidavit is correctly drafted and legally compliant is essential, especially when coordinating from abroad. A typical affidavit, as seen in cases filed in the Court of Senior Civil Judge, Delhi, includes:

• Petitioner’s Identity and Competence: The affidavit begins by identifying the petitioner (e.g., Petitioner No. 2) and confirming their familiarity with the case facts and authority to swear the affidavit.

• Verification of Petition: It states that the accompanying divorce petition was drafted under the petitioner’s instructions and that its contents are true to their knowledge.

• Marriage Details: The affidavit specifies key details, such as the marriage date (e.g., December 12, 2002), location (e.g., New Delhi), and legal basis (e.g., Muslim rites and customs under the Special Marriage Act).

• Non-Collusion Declaration: It confirms that the petition is not filed in collusion with the other spouse, ensuring the court of the mutual consent’s authenticity.

• Verification: The affidavit is verified with the petitioner’s signature, date (e.g., September 20, 2022), and location (e.g., New Delhi), affirming that no information is false or concealed.

Challenges for NRIs in Preparing Affidavits

NRIs face unique hurdles when dealing with divorce affidavits in India:

• Remote Coordination: Drafting and verifying affidavits from abroad requires reliable legal support to ensure compliance with Indian court standards.

• Jurisdictional Issues: Establishing the correct court jurisdiction (e.g., Delhi, where the marriage was solemnized) demands accurate documentation, including residence proofs.

• Notarization and Submission: Affidavits must be notarized and submitted correctly, which can be challenging for NRIs unfamiliar with Indian legal processes.

How Legal Light Consulting – LLC Lawyer Assists NRIs

Legal Light Consulting – LLC Lawyer provides comprehensive support to NRIs for affidavit preparation and divorce proceedings:

1. Expert Affidavit Drafting: We ensure affidavits are meticulously drafted, including accurate marriage details (e.g., a marriage on December 12, 2002, in New Delhi) and clear non-collusion statements, to meet court requirements.
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2. Remote Assistance: Our firm handles affidavit preparation, notarization, and submission on behalf of NRIs, eliminating the need for frequent travel.
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3. Court Representation: We represent NRIs in courts like the Court of Senior Civil Judge, Delhi, coordinating virtual appearances when permitted and ensuring all documents, including affidavits, are filed correctly.
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4. Jurisdictional Guidance: We assist in establishing jurisdiction and preparing supporting documents, such as residence proofs, to streamline the process.
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5. Holistic Divorce Support: Beyond affidavits, we guide NRIs through the entire mutual consent divorce process, including the six-month cooling-off period, and provide advice on related matters like child custody and alimony.
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Why Affidavits Matter in Divorce Cases

The affidavit is a cornerstone of mutual consent divorce, as it establishes the petitioners’ mutual agreement and the petition’s authenticity. Errors or omissions in the affidavit can lead to delays or rejection by the court.

Legal Light Consulting – LLC Lawyer ensures that affidavits are precise, legally sound, and tailored to the unique circumstances of NRIs, facilitating a smooth divorce process.

Conclusion

For NRIs seeking a mutual consent divorce in India, a well-crafted affidavit is essential to ensure legal compliance and a hassle-free process. Legal Light Consulting – LLC Lawyer is committed to providing expert guidance and comprehensive support, from affidavit preparation to court representation. Contact us in Delhi, India or visit our website for personalized NRI divorce services that simplify cross-border legal challenges.

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