Anoma Gunathilake, the attorney for Sandra Jayasuriya said action had been filed for malicious desertion in the district court of Colombo on October 23.
She said the defendant will be served notice and a hearing will be fixed thereafter.
Jayasuriya, a former national captain is currently a deputy minister in the government of President Mahinda Rajapaksa.
He was elected to parliament in the April 2010 election from the southern district of Matara and was made the deputy minister of postal services earlier this month.