Affidavit
Querist :
Anonymous
(Querist) 31 October 2020
This query is : Resolved
1. I suffer from certain ailments which I wish to disclose to my prospective wife before marrying her.
2. I also wish to inform her how much household expenses I can bear per month.
Can I ask her to give me an affidavit that she was fully informed of my ailments and spending capacity prior to marriage? Will this or any other such document help me to prevent a misunderstanding - which may lead to complications after marriage
K Rajasekharan
(Expert) 31 October 2020
Marriage is expected to be built upon mental bonding of parties where written affidavits have no role to play.
In law, oral statements are of equal force as of written statements in some statutorily specified matters. But law does not recognise any written affidavits in pre or post marriage discussions and decision making. Marriage is not expected to be operated like an official relationship.
P. Venu
(Expert) 01 November 2020
The posting suggests that you are yet to be mature for marriage.
Marriage is based on trust. Law applies when the marriage fails
Rajendra K Goyal
(Expert) 01 November 2020
Asking for such affidavit before marriage is unethical. If she want to initiate litigation, there are numerous ways and grounds.
You must inform her regarding your illness and income. Getting Affidavit not appreciated. May inform through letter in respectful and confidential way.
Dr J C Vashista
(Expert) 01 November 2020
The affidavit shall close chances of your marriage.
Querist :
Anonymous
(Querist) 01 November 2020
1. Everybody is talking about marriage being based on trust. Yet the divorce courts are full of cases with allegations levelled on either spouses. Where and when did the trust evaporate? Marriage is a necessity to meet one's personal, family and a social needs.
2. Having a written document to protect what one has informed the prospective spouse is in fact sensible; rather than being immature.
3. If the legislature allows for such exchange of documentary evidence then the room for disagreement and allegations will reduce drastically.
4. It is understandable if an advocate does not know the answer to my query. In such a situation he need not respond.
Querist :
Anonymous
(Querist) 01 November 2020
Atleast Adv Rajendra Goyal's method seems to a workable suggestion and I thank him for the same.
kavksatyanarayana
(Expert) 01 November 2020
Mr. Anonymous, you are stating that there are several allegations leveled on either spouse. It is correct. But in love marriages also the same thing arising. So inquiry about her and her family. You clearly say your problems to them. Even you obtain an affidavit from her if she or her family members may put a wrong case on any issue against you other than noted in the affidavit.
Rajendra K Goyal
(Expert) 03 November 2020
You said:
1. Everybody is talking about marriage being based on trust. Yet the divorce courts are full of cases with allegations levelled on either spouses. Where and when did the trust evaporate? Marriage is a necessity to meet one's personal, family and a social needs.
Reply:
Trust evaporates after marriage due to ego, lack of understanding / adjustment, non fulfilment of dreams (may be artificial) / demands over the means etc. Changing environment is also responsible for cases in family court.
You said:
2. Having a written document to protect what one has informed the prospective spouse is in fact sensible; rather than being immature.
Reply:
Any such document may not be helpful as the domestic violence / cause of action occurs after marriage and the same is to be tried by the court.
Premarital agreement is in practice in some countries like USA. Not aware whether any court in India has recognized and validated any such document.
Rajendra K Goyal
(Expert) 03 November 2020
You said:
3. If the legislature allows for such exchange of documentary evidence then the room for disagreement and allegations will reduce drastically.
Reply:
In India legislature has not recognized any such premarital document. Can comment after it is enacted. In such case such document is valid.
As mentioned, in India most of the cases are based on domestic violence, dowry demand etc. etc. It can be proved in the court during proceedings that affidavit was obtained under force/ coercion / misrepresentation / in order to validate illegal acts after marriage etc.
You said:
4. It is understandable if an advocate does not know the answer to my query. In such a situation he need not respond.
Reply:
This is open platform, if you are not satisfied with any reply, may ignore or mention what reply you hope / from which person you hope.
This is volunteer and free platform; experts are contributing without any monetary benefits from any corner. Most of the querists do not think it necessary to thank their efforts.
Rest on you how to take their efforts.
Querist :
Anonymous
(Querist) 03 November 2020
Thx Adv Rajendra Goyalji,
I thank all the advocates for their honorary efforts in replying to my query. I appreciate Adv Goyalji's point-wise and systematic reply and I shall certainly keep in mind his advice. I wish all of you best of luck.
