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    Affidavit Format Under Section 23

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    Veena
    The document provides a sample format for an affidavit to be filed under Section 23(2) of the Protection of Women from Domestic Violence Act, 2005 along with an application under Section 12. The affidavit format includes identifying information about the complainant and respondent, a statement that the complainant is familiar with the facts and competent to swear the affidavit, details of the domestic relationship, a confirmation that the application contents were read and explained to the complainant, an expression of fear of further domestic violence if relief is not granted, and a verification that the affidavit contents are true to the best of the complainant's knowledge.

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    Affidavit Format Under Section 23

    Uploaded by

    Veena
    8K views3 pages
    The document provides a sample format for an affidavit to be filed under Section 23(2) of the Protection of Women from Domestic Violence Act, 2005 along with an application under Section 12. The affidavit format includes identifying information about the complainant and respondent, a statement that the complainant is familiar with the facts and competent to swear the affidavit, details of the domestic relationship, a confirmation that the application contents were read and explained to the complainant, an expression of fear of further domestic violence if relief is not granted, and a verification that the affidavit contents are true to the best of the complainant's knowledge.

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    Affidavit format under Section 23

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    The document provides a sample format for an affidavit to be filed under Section 23(2) of the Protection of Women from Domestic Violence Act, 2005 along with an application under Section 12. The affidavit format includes identifying information about the complainant and respondent, a statement that the complainant is familiar with the facts and competent to swear the affidavit, details of the domestic relationship, a confirmation that the application contents were read and explained to the complainant, an expression of fear of further domestic violence if relief is not granted, and a verification that the affidavit contents are true to the best of the complainant's knowledge.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    8K views3 pages

    Affidavit Format Under Section 23

    Uploaded by

    Veena
    The document provides a sample format for an affidavit to be filed under Section 23(2) of the Protection of Women from Domestic Violence Act, 2005 along with an application under Section 12. The affidavit format includes identifying information about the complainant and respondent, a statement that the complainant is familiar with the facts and competent to swear the affidavit, details of the domestic relationship, a confirmation that the application contents were read and explained to the complainant, an expression of fear of further domestic violence if relief is not granted, and a verification that the affidavit contents are true to the best of the complainant's knowledge.

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    Affidavit format under Section 23(2) of The Protection of

    Women from Domestic Violence Act, 2005.


    Format of Affidavit under Section 23(2) to be attached with
    Application under Section 12 of the Protection of Women
    from Domestic Violence Act, 2005,
    As per Section 23 (2) If the Magistrate is satisfied that an application prima
    facie discloses that the respondent is committing, or has committed an act
    of domestic violence or that there is a likelihood that the respondent may
    commit an act of domestic violence, he may grant an ex parte order on the
    basis of the affidavit in such form, as may be prescribed, of the aggrieved
    person under section 18, section 19, section 20, section 21 or, as the case
    may be, section 22 against the respondent.
    Sample format of Affidavit to be filed under Section 23(2) along with
    Application under Section 12 of The Protection of Women from Domestic
    Violence Act, 2005 is given below:
     
     
    IN THE COURT OF JUDICIAL MAGISTRATE AT _________
    CASE NO. __________ OF 20__
     
    IN THE MATTER OF:
    MRS. W_________                                                            COMPLAINANT
    VERSUS
    MR. H __________                                                           RESPONDENT
    Police Station : _________________
     
    AFFIDAVIT
    I, __________________ Wife of Mr. ________________ Resident of
    ______________________________, D/o Mr. _________________
    R/o__________________________ presently residing at____________ do
    solemnly affirm and declare on oath as under:
    1. That I am the Applicant in the accompanying Application for
    ____________ filed for myself and for my daughter / son.
    2. That I am the Natural guardian of ______________________________.
    3. That being conversant with the facts and circumstances of the case I am
    competent to swear this Affidavit.
    4. That the Deponent had been living with the Respondent at _________
    since ______ to ________
    5. That the details provided in the present Application for the grant of relief
    under Section (s) _________ have been entered into by the Deponent / at
    my instructions.
    6. That the contents of the said application have been read over, explained
    to me in English/ Hindi / any other local language (Please specify
    ______________)
    7. That the contents of the said application may be read as part of this
    affidavit and are not being repeated herein for the sake of brevity.
    8. That the Applicant apprehends repetition of the acts of domestic violence
    by the Respondent (s) against which relief is sought in the accompanying
    application.
    9. That the Respondent has threatened the applicant that
    ________________
    10. That the relief claimed in the accompanying application are urgent in as
    much as the applicant would face great financial hardship and would be
    forced to live under threat of repetition / escalation of acts of domestic
    violence complained of in the accompanying application by the Respondent
    (s) if the said reliefs are not granted on the ex parte ad interim basis.
    11. That the facts mentioned herein are true and correct to the best of my
    knowledge and belief and nothing material has been concealed therefrom.
    DEPONENT
    VERIFICATION
    Verified at ____________ (Place) on this___ day of ___________ that the
    contents of Paras 1 to 12 of the above application are true and correct to
    the best of my knowledge and belief nothing in Material has been
    concealed therefrom.
    DEPONENT
     
    Note
    The above affidavit should be attached with Application under Section 12 of
    The Protection of Women from Domestic Violence Act, 2005.

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