Affidavit for Divorce in India: Importance, Format, and Legal Insight

Understanding the Role of an Affidavit in Indian Divorce Proceedings

Divorce in India, whether by mutual consent or through contested proceedings, involves several legal documents—one of the most important among them is the affidavit.

An affidavit serves as a sworn declaration of facts, made under oath, and plays a crucial role in strengthening the legal standing of your case in court.

At Legal Light Consulting – LLC Lawyer, we guide our clients—especially NRIs and overseas Indians—through every step of the divorce process, including the drafting, execution, and submission of affidavits that comply with Indian family law requirements.

What is an Affidavit in a Divorce Case?

An affidavit is a written statement of facts voluntarily made by a person (deponent) under an oath or affirmation, administered by a legal authority such as a notary or magistrate. In the context of divorce proceedings, it is used to:

• Confirm the truthfulness of the petition or legal claim

• Establish the authenticity of the marriage

• State the reasons for divorce

• Assert that the petition is not filed under coercion or collusion

• Declare the parties have been living separately for a statutory period (in mutual consent divorce)

Types of Affidavits in Divorce Cases

1. Affidavit for Mutual Consent Divorce (Under Section 13B, Hindu Marriage Act / Section 28, Special Marriage Act)

This affidavit confirms:

• That both parties have agreed to divorce mutually

• That they have been living separately for more than one year

• That all financial, custody, and property matters have been resolved

• That the petition is filed without force, fraud, or undue influence

2. Affidavit in Contested Divorce

Filed by one party to:

• Support claims of cruelty, desertion, adultery, or other valid grounds

• Submit proof and narrate incidents

• Verify the authenticity of documents submitted

Sample Clauses in a Divorce Affidavit

“I, Mrs. [Name], D/o Sh. [Father’s Name], R/o [Address], do hereby solemnly affirm and declare as under:

1. That I am Petitioner No.2 in the above divorce petition.

2. That the facts stated in the accompanying petition have been read over to me in my language and are true and correct to the best of my knowledge.

3. That I was married to Petitioner No.1 on [Date] at [Place] under [Religion] Rites or Special Marriage Act.

4. That this petition is not filed in collusion and I agree to the dissolution of marriage.”

Why is the Affidavit Important in Divorce?

• ✅ Legal Validity: The court relies on sworn affidavits as truthful statements.

• ✅ Speed: Affidavits simplify and speed up proceedings by formally documenting agreements or facts.

• ✅ Evidence: In cases where parties are abroad or unable to attend, affidavits serve as admissible evidence.

• ✅ Cross-Border Cases: Especially helpful for NRI divorces, where the affidavit can be notarized abroad and submitted in Indian courts.

Special Assistance for NRIs

At Legal Light Consulting – LLC Lawyer, we provide remote legal services for NRIs, helping with:

• Drafting affidavits that meet Indian legal standards

• Online consultation for case planning

• Power of attorney and representation in court

• Filing of mutual consent or contested divorce petitions

Legal Requirements for a Valid Affidavit in Divorce:

• Written in first person

• Signed before a notary, magistrate, or commissioner of oaths

• Must contain true facts and no concealment

• Verified by the deponent with date and place

Conclusion

If you are filing for divorce in India, especially as an NRI, submitting a well-drafted and legally verified affidavit is a crucial step. It confirms your intent, supports your petition, and ensures the court proceeds smoothly with your case.

For expert help with divorce documentation, affidavits, mutual consent filings, or contested proceedings, reach out to the professionals at:

📞 Legal Light Consulting – LLC Lawyer

Specialized in NRI Divorce & Family Law in India
📧 Email: legallightconsulting@gmail.com
🌐 Website: canada.legallightconsulting.com
📱 WhatsApp: +91 9999641341
📍 Offices in Delhi, Mumbai, Chandigarh | NRI Support Worldwide