If the Husband deserted wife for more than 2 years, a Divorce Petition under Section 13(1)(i)(ib) of Hindu Marriage Act, 1955 can be filed to get Divorce from the Party. A Separate affidavit need to be filed with the Divorce petition.
Sample Format of Affidavit to be filed with Divorce Petition under Section 13(1)(i)(ib) of HMA is given below:
IN THE COURT OF THE _____________ JUDGE AT _________
H.M.A. PETITION NO. __________ OF 20__
IN THE MATTER OF:
MR. HU __________ RESPONDENT
I, Ms. _______________ Wife of _______________ Daughter of ___________ aged _________ years, presently residing at _________________________, do solemnly affirm and say as follows:
1. That I am the Petitioner in the accompanying Petition under Section 13(1)(i)(ib) of Hindu Marriage Act, 1955 and well acquainted with the facts of the case.
2. That I have gone through the contents of the accompanying Petition, I reaffirm the contents of the Petition, which are not being repeated here, for the sake of brevity.
3. That, my marriage with the respondent was solemnised at ___________ , on _________ , as per Hindu rites and ceremonies.
4. That, details laid out in the accompanying petition, with regard to my age, status and place of residence of the petition before marriage and at the time of filing this petition, may be treated as part of this petition.
5. That, no child was born out of the wedlock between the respondent and me.
6. That, the respondent, without any cause or justification, left the matrimonial home on and has not returned to the matrimonial home ever since although the petitioner has made all efforts to bring him back.
7. That, the respondent has completely withdrawn from the company of the petitioner since the aforementioned date.
8. That, the petition is not presented in collusion with the respondent.
9. That, there is no other legal ground why the relief should not be granted.
10. That, there has not been any unnecessary or improper delay in filing this petition.
11. That, there have not been any other previous proceedings between the
Signed at ___________ this ___________ day of ___________20__
I, the above named deponent do hereby verify on oath that the contents of the affidavit above are true to my personal knowledge and nothing material has been concealed or falsely stated therein.
Signed and verified this _______ day of _______ 20 _______ at _______
Solemnly affirmed and signed before me by the deponent, who is personally known to me, on this the _____ day of ________ ,20__.
COUNSEL FOR THE DEPONENT
(1) Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party
(i) has, after the solemnisation of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or
(ia) has, after the solemnisation of the marriage, treated the petitioner with cruelty; or
(ib) has deserted the petitioner for a continuous period of not less than
two years immediately preceding the presentation of the petition; or