Model Affidavit in lieu of Examination-in-Chief

BEFORE THE HON’BLE FAMILY COURT AT THIRUVANANTHAPURAM

O.P. NO. ______ OF 2026

Petitioner: [Name of Wife] Vs. Respondent: [Name of Husband]

AFFIDAVIT FILED BY THE PETITIONER

Under Order XVIII Rule 4 CPC 

I, [Name], D/o [Father’s Name], aged [Age] years, residing at [Full Address], do hereby solemnly affirm and state on oath as follows:

  1. I am the Petitioner in the above Original Petition and I am well-acquainted with the facts of this case.
  2. Marriage and Background: The marriage between the Respondent and me was solemnized on [Date] at [Location] as per [Religious Rites]. After the marriage, we resided at the Respondent’s house in [Location].
  3. Initial Conduct: Initially, the Respondent’s conduct appeared normal. However, within [Time Period], the Respondent and his family members began to subject me to persistent physical and mental cruelty.
  4. Specific Instances of Cruelty: * Economic Cruelty: The Respondent would frequently deprive me of basic financial needs despite having sufficient income, causing me extreme mental agony.
    • Verbal and Physical Abuse: On [Specific Date], the Respondent, in a state of unprovoked anger, physically assaulted me and used derogatory language in front of outsiders, thereby shattering my self-respect.
    • Mental Torture: The Respondent habitually cast unfounded aspersions on my character, making it impossible for me to continue living under the same roof with dignity.
  5. Impact on Health: Due to the continuous ill-treatment and the hostile environment in the matrimonial home, my mental and physical health deteriorated significantly. I was forced to seek medical treatment on [Date] at [Hospital Name].
  6. Separation: Finding it impossible to endure the cruelty any further, and fearing for my safety, I have been residing separately at my parental home since [Date of Desertion/Separation].
  7. Irretrievable Breakdown: All attempts at reconciliation made by my well-wishers and through formal mediation failed due to the adamant and cruel attitude of the Respondent. There is no collusion between the parties in filing this petition.

PRAYER

It is, therefore, prayed that this Hon’ble Court be pleased to accept this affidavit as my evidence-in-chief and pass a decree of divorce dissolving the marriage between the Petitioner and the Respondent.

Deponent

Verification

Verified at Thiruvananthapuram on this the 15th day of March, 2026, that the contents of paragraphs 1 to 7 are true to the best of my knowledge and belief.

Deponent

NB: Avoid vague terms, instead of saying “he was cruel,” use “he used derogatory language (specify the words) on [Date]” and remember that in Indian jurisprudence, cruelty is not just physical. Mental cruelty—such as constant insults, denying food, or false accusations of infidelity—is sufficient for a decree.

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