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Affidavit for Divorce under Section 13(1)(ib) HMA on Ground of Desertion

Sample affidavit format to accompany a divorce petition under Section 13(1)(ib) of the Hindu Marriage Act, 1955 where the respondent is alleged to have deserted the petitioner for a continuous period of not less than two years immediately before presentation of the petition.

Important: Section 13(1)(ib), not "Section 13(1)(i)(ib)", is the statutory provision dealing with divorce on the ground of desertion. The ground is available to either spouse. Court rules, affidavit requirements and filing practices may vary by jurisdiction, so the format should be adapted to the facts and applicable Family Court or District Court rules.
Section 13(1)(ib) Meaning of desertion Affidavit format Filing points Related formats

Section 13(1)(ib) of the Hindu Marriage Act, 1955

Section 13 of the Hindu Marriage Act, 1955 provides statutory grounds on which a marriage may be dissolved by a decree of divorce. Under clause (ib) of Section 13(1), either the husband or the wife may seek divorce where the other spouse has deserted the petitioner for the required continuous period.

Section 13(1)(ib) - Desertion: The relevant ground applies where the other party has deserted the petitioner for a continuous period of not less than two years immediately preceding presentation of the divorce petition.

For the current statutory text, see the official India Code link in the right sidebar.

What "desertion" means under the Act

The Explanation to Section 13(1) defines desertion in substance as desertion of the petitioner by the other spouse without reasonable cause and without the petitioner's consent, or against the petitioner's wish. The definition also includes wilful neglect by the other spouse.

Accordingly, merely living separately does not by itself establish the statutory ground in every case. The pleaded facts should address the circumstances of separation, its continuity, absence of reasonable cause where applicable, absence of consent or the petitioner's contrary wish, and any relevant conduct said to constitute wilful neglect.

Sample Affidavit for Divorce Petition on Ground of Desertion

The following model preserves the substance of the earlier affidavit while correcting the statutory reference to Section 13(1)(ib). Names, dates, facts, jurisdictional statements and verification should be changed to match the actual case.

IN THE COURT OF THE _____________ JUDGE AT _____________

H.M.A. PETITION NO. __________ OF 20__

IN THE MATTER OF:

_______________________________
PETITIONER

VERSUS

_______________________________
RESPONDENT

AFFIDAVIT

I, _______________________________, son/daughter/wife of _______________________________, aged about ______ years, presently residing at _______________________________, do solemnly affirm and state as follows:

1. That I am the Petitioner in the accompanying petition under Section 13(1)(ib) of the Hindu Marriage Act, 1955 and am well acquainted with the facts and circumstances of the case.

2. That I have read and understood the contents of the accompanying petition. The statements contained therein are reaffirmed and may be read as part of this affidavit to the extent they are based on my personal knowledge and records.

3. That my marriage with the Respondent was solemnised at __________________ on __________________ according to Hindu rites and ceremonies.

4. That the particulars concerning the parties, their status, residence, marriage and jurisdiction are set out in the accompanying petition and may be read as part of this affidavit.

5. That the particulars concerning the child or children born from the marriage, if any, are correctly stated in the accompanying petition.

6. That the Respondent left the matrimonial home / separated from the Petitioner on __________________ and, as stated in detail in the accompanying petition, has remained away continuously thereafter without reasonable cause and without the Petitioner's consent or against the Petitioner's wish.

7. That despite bona fide efforts for resumption of matrimonial life, as described in the petition, the Respondent has not resumed cohabitation with the Petitioner.

8. That the alleged desertion has continued for a period of not less than two years immediately preceding presentation of the accompanying petition.

9. That the petition is not presented in collusion with the Respondent.

10. That there has been no unnecessary or improper delay in presenting the petition, except as may be specifically explained in the accompanying petition.

11. That details of any previous matrimonial or connected proceedings between the parties, if any, have been fully disclosed in the accompanying petition.

Signed at __________________ this ______ day of __________________, 20__.

DEPONENT

VERIFICATION

I, the above-named Deponent, verify that the contents of paragraphs ______ to ______ of this affidavit are true and correct to my personal knowledge and/or based on records believed by me to be true, and that no material fact has been concealed therefrom.

Verified at __________________ on this ______ day of __________________, 20__.

DEPONENT

Attestation, oath and identification wording should be used as required by the applicable court rules and local practice.

Key points before using this divorce affidavit

1. Continuous period of at least two years

The statutory period is a continuous period of not less than two years immediately before the divorce petition is presented. The pleading should therefore contain clear dates and facts showing the period relied upon.

2. Desertion is more than physical separation

The statutory Explanation makes reasonable cause, consent or wish of the petitioner, and wilful neglect relevant to the meaning of desertion. The affidavit should not rely only on a bare statement that the parties live separately.

3. Either spouse may file

Section 13(1) is gender-neutral. A petition on this ground may be presented by either the husband or the wife, subject to the statutory requirements and facts of the case.

4. Plead material facts accurately

The affidavit should correspond with the accompanying divorce petition. Dates, places, separation history, efforts at reconciliation, earlier proceedings and other material facts should not conflict with the petition or documentary record.

These internal resources from the original page remain useful for readers dealing with closely related matrimonial proceedings:

This page provides a general drafting format and legal information. It is not a substitute for advice on the facts of a particular matrimonial dispute or the filing rules of the competent court.