Domestic Relations Affidavit Example: Fill & Download for Free

Well, I’ve heard that steamed with Hollandaise sauce is considered quite a delicacy. Almost takes the wood-fibre taste out.The best way to serve a legal paper is to do it the way the rule tells you to. In Pennsylvania, unless the case is a small claims case, domestic case, a case involving a request for a preliminary injunction, or a domestic relations matter, or a case in Philadelphia County, (in which cases a process-server—to wit, an adult not party to the case—might be authorized) original service must be made by the Sheriff’s Office for the county in question. Sheriff service may be had almost anywhere; there is normally a fee for this but I’ve not found the fees to be excessive. In a small claims case, service may be made by a “constable” instead of the Sheriff and this may be cheaper. In certain matters service by mail rather than “personal service” is authorized; the mail should be sent certified and return-receipt requested; the return receipt and the post-office receipt will demonstrate service.Different courts have different rules, although ordinary mail without more is rarely adequate service of initial process, and the party plaintiff is not normally authorized to make personal service. Any defect in service is waived if the defendant appears at a court proceeding or files an answering paper and does not explicitly preserve the issue. The purpose of service is to apprise the defendant of the action and give them an opportunity to be heard in opposition to it; participation infers actual notice.Once service is made (or in the event that the thirty days for service expires without service), a “return of service” may be made and filed with the court. This is an affidavit specifying the means and date of successful service made by someone with knowledge of the matter, usually (as noted above) a Sheriff’s deputy, or the process server (if a process server is allowed); an attorney in the case or a court worker may return mail service. A return of no service will be made if you submit the case to the Sheriff and the defendant is not found. If the person is in fact “not found”, the lawsuit will not proceed. It can be “reinstated” within a reasonable time after unsuccessful service, in which case the thirty days will run anew. However, a plaintiff who does not diligently attempt service may have the case dismissed or have the benefit of the filing date as date of commencement taken away (example, plaintiff files lawsuit against defendant within two-year statute of limitations, makes no effort to serve defendant until considerably after the statute has run, defendant points this out to court, court may throw case out on the grounds that the statute ran due to lack of reasonable notice). Lamp v. Heyman, 469 Pa. 465, 478 (1978): “a writ of summons shall remain effective to commence an action only if the plaintiff then refrains from a course of conduct which serves to stall in its tracks the legal machinery he has just set in motion.”Private process servers can be called to testify about their efforts at service (it’s presumed that the deputies will use diligent efforts to locate the defendant). Although there is not, to the best of my knowledge, any formal “code of ethics” for process servers, the nature of the business means they depend on attorneys’ goodwill for their livelihood. A process server has little incentive to lie, because the lie is likely to be found out; an attorney who’s hired a crooked server and ends up having to do a lot of extra litigation over the validity of service will not hire that person again and will tell their colleagues, “don’t use this guy.”If ordinary efforts at service are unsuccessful, a party may petition the court for special service, usually publication, but I’ve heard of a case where service by Facebook messages was authorized when that was all that was known of the defendant’s whereabouts.

(Quick background: I grew up in India, went to US at 21 to study. Spent 8 years there (including 3 years working). Moved back to Pune, Maharashtra, India, India in 2001, and have been here ever since.)(Clarification: This post is intended to just be context- and expectation-setting for someone who is already planning on returning to India. If you're happy in the US, and are not interested in returning, I am happy for you - this post is not an attempt to change your mind (as some people seem to have misinterpreted))A lot of how you feel depends upon the attitude. Some things are going to be as bad as you remember them, some things are going to be worse than you remember, and some things are going to be surprisingly better. The right attitude is to focus on what is good and try to ignore the bad. Some people fail miserably at this, and move back to the US after about an year. Others succeed in this, and love being here.Here are the things you might notice, conveniently categorized:General life:Yes, it is dirty, and dusty. People litter and spit and urinate in public. It was always like this, so you shouldn't let it bother you. If this is going to irritate you, don't come back.Yes, there is corruption. But if you're going to be doing a job (as opposed to doing your own business), you will not be exposed to much of it.Most vendors and service providers are unreliable. They won't come on time. They will not deliver on time. Quality will be lacking. Some will disappear without warning you. This continues to bother me, even after 10 years here.However, note that consumer oriented business works far more efficiently now than it used to 10-15 years ago. When I first landed up in Pune, Maharashtra, India in 2001, I had nothing other than a passport. No friends, no family, no address proof, no ration card. No place to stay, no vehicle. I managed to get a rental apartment, a ration card, a landline phone, a mobile phone, 2 "gas" cylinders, a computer, 2 internet connections, a car, all household appliances, and start a full-time home office in 2 weeks. I would not have thought that it was possible to get this done in India so fast. See footnote[1] for a illustrative anecdote.Getting domestic help is ridiculously cheap, so expect to have a person to do the dishes, someone else to do the cleaning and the laundry, and a cook, and a driver. In the last ten years, I've probably done dishes, or the laundry less than 5 times. My wife and I cook only when we're in the mood for cooking, otherwise we don't have to. I know that some people are thinking: "I like doing all the chores. There is a satisfaction in being self-sufficient." But the fact is that I have not seen anybody hold on to such a resolve in the face of easily available domestic help. (Note: Driving is an exception. People who like to drive often will make do without a driver. I like to drive, so did not use a driver for the longest time. But these days, if I need to go somewhere that's more than 20 minutes away, I take the driver along, so I can get some work done along the way.)Cost and Standard of Living:In general, you will be comfortably well off in India. Your Indian salary will be much lower than your US salary in dollar terms, but will be pretty good in terms of purchasing power parity. Some things will seem very expensive relative to your salary, and other things ridiculously cheapExpect to be shocked by real estate prices. Houses/Flats (aka "condos") in the better localities (i.e. the kinds of places NRIs like to live in) can be more expensive than houses in the US (of course, if you're not from the Bay Area). A major chunk of your salary will go towards the EMI for your home loan.iPads, laptops, latest flat screen TVs will seem a little expensive to you. The prices in India are just a little higher than US prices, (and many people buy in the US), but your salary will be lower.Food, eating out, domestic help, and in general everything else will be much cheaperInfrastructure:Roads/Traffic/Electricity/Water is an area that I view with a bit of a concern. Depending on where exactly you're living one or more of these might be an irritant already, and the problem is likely to get worsePower cuts are a problem in some cities (mostly during the daytime). This is not an issue for employees of large companies, because of generator backups, but it has begun hurting smaller companies. Sometimes, you end up losing a few hours of work on one day of the week because the load-shedding extended farther than your UPS and laptop batteries could last.While water is theoretically a problem, most of you are likely to live in apartment complexes which buy water by the tanker to make up for any shortages, so you're unlikely to notice this much.Traffic and commute times are becoming problems for some people in some cities - but then people who've lived in the US would not be strangers to long commutes and rush hour traffic jams.Phone coverage and internet bandwidth is not really a problem. While the average "home" broadband network might not be as fast as what you're used to in the US, and there are sporadic reliability issues, quality and speed are available at a cost if you really want them. And I'm willing to bet that mobile network coverage is better than what AT&T has in the US.Recreation:As far as shopping is concerned, (almost) everything is available here. Electronics goods are maybe a little more expensive than in the US, but there is nothing that is difficult to get.If you're in a metro, or even Pune, there is now lots of international cuisine. Of course, not as much as in the US, but certainly much more than was available 5 or 10 years ago. Italian, Korean, Japanese, Mediterranean, French, Thai are all available in Pune, for example. McDonalds, Pizza Hut, Subway, California Pizza Kitchen, are all here too. And the Indian food here is far better than the Indian food in the US :-)Multiplexes have mushroomed, and have improved the movie-going experience, but they still remain a little more crowded than what I'd like.Many "western" activities are now available here. Bowling, Paintball, Pool, Hard-Rock Cafe, Microbreweries, are all available. Quality is lower than ideal, and there are only one or two of each per city.Kids:Schools are getting better. There are now lots of options available. The old-style, regimented convent schools continue to go strong, but in addition now there are lots of newer schools who are willing to experiment with teaching methods. So there is lots of choice (but be prepared to spend a little).Lots of options for co-curricular and extra curricular activities. All kinds of classes are available at reasonable rates.If you have teenage kids, remember that social mores and standards of what is acceptable and permissible behavior are changing rapidly. So if you're coming back to India because "my kids will grow up in a more conservative culture", you're in for a surprise. Don't say I did not warn you. Dealing with teenagers doesn't become any easier just because you're in India.Career:If you are a techie in the IT industry, and if you want to be an individual contributor, then you will certainly not get as good work here as you would in the US. There are some companies doing interesting stuff, but as your seniority increases, your options decrease. Since most of the customers are in the US, there is definitely a glass ceiling.If you're a manager, then India is a great place to be. The numbers of people and projects to manage keep increasing, the challenges interesting and varied. This is an exciting place to be.If you are the entrepreneur type, then India is like the Wild West. Very challenging, high chances of failure, but very exciting.For non-IT folks, I don't know the answer. Sorry.Personal life:As with shifting to any new place, expect to find yourself suddenly friendless and lonely for the first few years. It takes time to make good friends."Involvement" of family, and extended family in your life will be higher than you expected. To anyone who has spent 5+ years in the US, this will seem like an intrusion of privacy. This will bother you, (especially the wife, if you're a couple). US is a nice safe distance away from the in-laws. Coming back to India removes that layer of protection. This can be the biggest change in lifestyle. Takes at least 2/3 years to get used to.Opinion:Overall, I find that life here is more varied and more interesting. I found life in the US to be too cut-n-dried, too regimented - all cities are similar (compared to how different Indian cities are). Most interactions follow set patterns. (Maybe it simply boils down to the fact that I grew up here, and hence I'll be most comfortable with this way of life.) In any case, I'm very happy with the decision of moving here.If you have any questions about something I did not cover, please leave a comment and I can update my answer.Footnote [1]:This is a little anecdote to give an idea of how India works efficiently in some areas. On my second day in Pune, I went to a random shop down the street looking to buy a mobile phone (instrument + service). The shop-owner told me that I need a proof-of-residence, which I obviously did not have. He did not want to let go of a customer for such a minor reason, so he started exploring options:Do you have parents who live here?No.Do you have any other relatives, an uncle perhaps?No, but mother-in-law's brother does live here.Ok, will he be willing to give an affidavit to the effect that he knows you and vouches for you?Yes, he will but neither I nor he have the time or the expertise to get an affidavit.No, Sir, don't worry. My man will get the affidavit ready, will go to your uncle's home, get his signature and finish the paper work.So, I bought the phone instrument right away. I called up the uncle-in-law and told him to expect a guy to show up with an affidavit to sign, and I left. By that evening, all of this had been taken care of, and my mobile phone service had started.Update: I believe readers of this question would also be interested in seeing the answers to: Does Sumedh Mungee's NYT post about why he moved from India to the US again ring true? Would these issues apply to most people in this situation?

I have written what I feel are important things most people are unaware of and should know. I have tried to cover most important branches of law.This is based on my experience of past two years and I am likely to edit this answer in a few days to add more points -First thing -1. Ignorance of law is no defence -In the court of law, you cannot plead as defence the fact that you were not aware of the law. This is what damns most people! And makes the field of law extremely important if one wishes to survive in material life.2. While buying an immovable property - (Like Flat or Land) -Giving a public notice in the newspaper is a must. It doesn't matter which one. It need not be English. Any state language too will do. And any newspaper with some circulation will do. This Public notice is what protects your interest in the court of law if you face any litigation regarding your purchased property.Secondly, a legal search of the property (not to be confused with physical search) has to be conducted by hiring a lawyer following which he gives a title note. If you approach nationalised banks for loan to buy property, their lawyers conduct a search and give title note. But if not, you have to do it yourself.Lawyers conduct search by visiting sub registrar's office and checking the record of title documents.Example - You bought a flat without public notice and legal search, and turns out the owner did not have a clear title. Now you along with the owner are being sued for cancellation of your purchase.In such a case, the law / court is bound to protect the interest of a bonafide purchaser if he had given a public notice and had conducted search. If not, then the law is not going to protect your interest.-------------------------------------------------------------------------------------------------------------EDIT -With due respect to all professions, this is a sincere advice -When drafting agreements like Sale Deeds or Agreement to sell (These are relating to buying properties), please take the help of your trusted lawyer. Most people try to save the lawyer's fees by getting the agreements drafted by Estate Agents. This in my experience, is a grave mistake as Estate Agents are not qualified to draft agreements. They have standard formats in which they fill your details.Every agreement that is drafted speaks for itself. Tomorrow if you end up in court, the court is not going to ask you as to what was agreed between you and the seller. They will read your agreement. Which is why, it should be properly drafted.An average lawyer will charge somewhere between Rs. 8,000/- to Rs. 15,000/- to draft the agreement in cities. An Estate agent takes around 4-5,000/- for this job.Even then, spending a little more money to draft a good agreement which will save your trouble later is wiser.-------------------------------------------------------------------------------------------------------------3. What should you do when someone gave you a cheque and it bounces?Assuming that you received payment for some work you did, and the cheque got bounced, what are your rights?The reason I am including this in this answer is the fact that time is of essence in a cheque bouncing case.The moment a cheque bounces with the endorsement "Insufficient Funds", go to a lawyer and send the person a legal notice demanding your money. This has to be done within 30 days of bouncing of the cheque. Once that person receives your notice, he is required by law to pay you your money within the next 15 days. His failure to do so, gives you a right to file a criminal case against him for cheque bouncing.Cheque bouncing now is a criminal offence and he risks sitting in jail for it.4. Streedhan in Hindu law -Whatever money, jewellery etc. is given to a bride in her marriage by both her parents as well as the groom's parents is legally her property. It is known as Streedhan. So ladies, if you are leaving matrimonial home for divorce, take your streedhan with you.Most people later fight for it in courts as gold is extremely costly.5. Devolution of property in Hindu Law -If a Hindu man dies intestate (without making a will), his property devolves as per the provisions of Hindu Succession Act. His mother, wife and children all get an equal share in his property.A man can only make a will and give away his self acquired property. There is no limit to it.If you have earned the property yourself then you can even give it away to a stranger.Don't want to give your property to your wife and kids? Make a will and register it!But if it is ancestral property, he cannot give away to stranger alone, as his children and brothers (now sisters) too have joint rights. What he can do is make a will of his share in the ancestral property.6. Maintenance - Muslim womenMaintenance of divorced Muslim women is actually a woeful tale on which I plan to write an article soon. Anyway, so divorced Muslim women have no right to maintenance from their husbands. Only if both the husband and wife make an affidavit to be governed by Section 125 of the Criminal procedure code, then she can claim maintenance under section 125.Why would a man do that? And obviously they don't. So, not only can any random Kazi nullify their marriage, she has no rights whatsoever after that. The law says that her parents, children or relatives are liable to pay her maintenance. And if nothing works, she can claim maintenance from the Wakf board of India which ends up giving nominal maintenance.7. Special Marriage Act.Hindu / Christian women wishing to marry Muslim men should know exactly what happens to their legal rights on conversion and marriage under Muslim law.Muslim men can legally have 4 wives. And if you married under the Muslim law, you have no right of maintenance.To keep all your rights intact and make an informed choice, marry under the Special Marriage Act specially made for such instances. One should not land up in a situation where one has to regret later.8. Registration of documents -Registration of all legal indentures related to immovable property more than Rs. 100/- is compulsory.This includes your Leave and License (Rent agreement), Sale deeds, lease agreements, gifts etc. Most people who don't register either don't know this or are looking to save stamp duty.Trust me, it is not worth it to try and save stamp duty only to land up with litigation which will cost you a hell of a lot more than just money.Registration means actually going to the Sub Registrar's office, and registering the document there and not merely notarizing it with a Notary's stamp.9. Police complaints and record creation.While giving police complaints, please take help from a lawyer. Most lawyers will draft the police complaint and give it to you. This is important because should your complaint culminate into a case, police complaint becomes an important piece of evidence.10. Limitation.There is a whole Limitation Act to tell you about this, but I will only talk about the things which happen most often.For most civil case, the limitation to file a case is three years. Your client breached your contract and owes you money, you have to file a case within three years of his refusal to pay. After that your suit is time barred and most likely be dismissed.11. Arbitration -Arbitration is a method of alternate dispute resolution. In this, Parties decide beforehand that in case of dispute they will not go to court but rather would appoint an independent arbitrator (s) to resolve their disputes.ON the face of it, this looks nice, you don't have to go to court, saves money time and energy. These days, it has become a trend to have arbitration clause in the agreement. From employment agreements to huge deal between companies, you can see arbitration everywhere.But in my experience having an arbitration clause in your contract without understanding the full implications of it can be very damning.For starters, people should know that once you write this clause you completely close the doors of the court. If you have arbitration clause, you cannot go to court. And an arbitral award is binding on the parties just like a court decision.Further, appeal from an arbitral award can be made on extremely limited grounds. So, what would otherwise give you three fora (District court, High Court and then Supreme Court) to appeal, is completely gone through Arbitration. So, you are left with no choices.Plus remember that bribing an independent Arbitrator is way easier than bribing all the judges in these three different fora.EDIT - As promised, and based on the comments -12. Pre marital sex-Consensual pre-marital sex is not illegal in India as long as the girl's age is more than 16. The recent Madras High court judgement (Couples who have premarital sex to be considered ‘married,’ says HC) is very interesting. Note that this judgment is not binding on other courts throughout India. And it is quite likely that it will be challenged and the opinion of the SC will matter then.13. Live in relationships in India -These are not illegal and any two consenting adults have the freedom to live together without marriage if they wish to. Domestic violence act too takes this relationship into consideration and a woman can get relief under the act even if she is not legally wedded to the man.In fact there is also an inclination to treat live in relationships like marriage in Indian courts if the couple have lived together for many years.Children born out of live in relationships have a right to inherit their parent's property.Also, children born to mistresses (illegitimate children, only to make it clear, I am personally against using the term) too inherit their father's property and can claim maintenance.14. Inheritance of ancestral property by women under Hindu law -Women have an equal right of inheritance in ancestral property after the 2005 amendment to the Hindu Succession Act. Women can also demand partition of the property and women can also be recognised as the Karta of Joint Hindu family property now.15. Public display of affection -Section 294 of the Indian penal code states that whoever commits obscene acts in public places will be punished for a term which may extend up to 3 months. The word 'Obscene' is not defined as our definition of it keeps changing with time.Needless to say, your regular kiss, or goodbye hug do not fall in this category. Therefore, public display of affection is perfectly legal. Only when it inclines towards obscenity, one may be punished.Also, unfortunately, in spite of a sane law, you may still come across news of policemen harassing couples.16. Pornography -In India, watching or possessing pornographic material is not illegal. It is illegal and punishable only when one sells, lets to hire, distributes, publicly exhibits or in any manner puts it into circulation.Reference - Section - 292 of Indian Penal Code and Section 67 of Information Technology Act.Will be adding more. Feel free to comment and suggest more topics.For more on Indian law, follow my blog - Blawgniti