how to get divorce on grounds of desertion in Ajmer

Detailed Legal Analysis

To obtain a divorce on the grounds of desertion in Ajmer, one must follow the legal procedures outlined in the Indian Divorce Act, 1869 for Christians, and the Hindu Marriage Act, 1955 for Hindus, among others. Desertion is defined as the voluntary abandonment of the spouse without reasonable cause and with the intention to end the marital relationship.

Here are the steps and requirements for filing a divorce petition on the grounds of desertion:

• Eligibility Criteria:
  • The couple must be legally married.
  • The marriage should be valid under the respective personal laws applicable to the parties.
  • The applicant must have been deserted for a continuous period of at least two years immediately preceding the filing of the petition.
• Grounds for Desertion:
  • The spouse must establish that the other party has deserted them without reasonable cause.
  • It must be proven that desertion was intentional and that the deserted spouse did not consent to the separation.
• Filing the Petition:
  • Prepare a divorce petition stating the grounds of desertion, including details such as duration and circumstances of the separation.
  • The petition must be filed in the Family Court in Ajmer that has jurisdiction over the matter.
  • Include necessary documents such as marriage certificate, proof of residence, and any evidence supporting the claim of desertion.
• Attending Court Proceedings:
  • The court may issue notices to the other spouse to respond to the petition.
  • Both parties may be required to present their case before the judge.
  • Evidence may be presented to support claims of desertion.
• Final Judgment:
  • If the court finds the grounds for desertion established, it may grant a decree of divorce.
  • The judgment will be recorded, and a copy provided to both parties.

Relevant laws include:

• Section 13(1)(b) of the Hindu Marriage Act, 1955 – relates to divorce on the grounds of desertion.
• Section 10 of the Indian Divorce Act, 1869 – pertains to divorce for Christians.

It is advisable to consult with a legal professional experienced in family law to navigate the complexities involved in divorce proceedings effectively.