What is The Format Of Affidavit Under Section 23?
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 based on 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.
Need For The Format Of Affidavit Under Section 23?
The affidavit should contain facts personally known to the deponent or it may be based on information from a source which be believes to be correct. The grounds of belief should be stated. Any fact required to be proved upon an interlocutory proceeding shall unless otherwise provided by these rules, or ordered by the Court, be provided by affidavit, but the Judge may, in any case, direct evidence to be given orally, and thereupon the evidence shall be recorded.
FAQ For The Format Of Affidavit Under Section 23?
Q1. What is the objective of the affidavit?
Ans – At their core, affidavits serve to deliver certifiable facts in a way that can reasonably be guaranteed to be truthful.
Q2. Who will issue the affidavit?
Ans – The person who makes the affidavit is known as the affiant or deponent and the person who administers it is usually a notary. Affidavits are often used in court proceedings.
Q3. What is the rule of affidavit?
Ans – Law enjoins that persons making statements on oath or solemn affirmation speak the truth. To file a false affidavit is a serious wrong and the person who does so can not be said to have respect for sanctity of oath. A person who binds him on oath to state the truth is bound to state the truth.
Q4. What is the validity of an affidavit?
Ans – There is no specific time limit for the validity of an affidavit. However, the validity of the affidavit may be questioned if there is a significant change in the circumstances or facts stated in the affidavit.
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.
