how to get divorce on grounds of desertion in Alwar

Detailed Legal Analysis

To obtain a divorce on the grounds of desertion in Alwar, you need to follow a specific legal process as outlined under the Hindu Marriage Act, 1955 or the Special Marriage Act, 1954, depending on your personal circumstances.

Desertion is defined under Section 13(1)(ib) of the Hindu Marriage Act, which states that a spouse can file for divorce if the other spouse has deserted them for a continuous period of two years or more. The following steps outline the process to file for divorce on these grounds:

• Eligibility: Ensure that you meet the eligibility criteria. Under Indian law, to file for divorce on grounds of desertion:
  • At least one spouse must have deserted the other for a continuous period of two years.
  • The marriage must be valid under the applicable personal law.
• Gather Evidence: Collect evidence to support your claim of desertion, which may include:
  • Proof of communication (or lack thereof) with the spouse.
  • Witness statements confirming the spouse's absence.
  • Documentary evidence like emails, texts, or letters.
• Consult a Lawyer: It is advisable to consult with a family lawyer who specializes in divorce cases. They can help you understand the nuances of the law and prepare the necessary documents.
• File the Petition: Draft and file a divorce petition in the appropriate family court. The petition should include:
  • Your details and those of your spouse.
  • Facts pertaining to the marriage.
  • Specific grounds for divorce, including details of the desertion.
• Court Proceedings: After filing, attend court hearings as scheduled. The court may require you to provide evidence and possibly refer the case for mediation.
• Final Decree: If the court is satisfied with the evidence presented, it will grant a divorce decree. Ensure you obtain a certified copy of the decree for your records.

It is important to note that under Section 23(1)(a) of the Hindu Marriage Act, the court will also consider the welfare of children (if any) before granting a divorce. Additionally, the procedure under the Special Marriage Act is similar, but the specific forms and processes may vary slightly.

In summary, the path to obtaining a divorce on the grounds of desertion involves legal eligibility, evidence collection, filing a petition, and attending court hearings, all guided by the relevant provisions of Indian law.