how to get divorce on grounds of desertion in Amritsar

Detailed Legal Analysis

To obtain a divorce on the grounds of desertion in Amritsar, you must file a petition under Section 13(1)(b) of the Hindu Marriage Act, 1955, or under Section 10 of the Indian Divorce Act, 1869, if you are a Christian. Desertion is defined as the voluntary abandonment of one spouse by another without reasonable cause and with the intention to end the marital relationship.

Here are the steps and requirements to file for divorce on the grounds of desertion:

• Understand the Grounds of Desertion:
  • The spouse must have deserted the other for a continuous period of at least two years.
  • There must be evidence that the deserting spouse intended to cease cohabitation.
  • The deserted spouse must not have consented to the separation.
• Gather Evidence:
  • Document instances of abandonment, lack of communication, and any other relevant incidents.
  • Collect evidence such as messages, photographs, witness statements, or police reports if applicable.
• Consult a Family Lawyer:
  • Seek legal advice to understand the implications and process of filing for divorce.
  • A lawyer can help draft the divorce petition and represent you in court.
• File the Divorce Petition:
  • Prepare the divorce petition outlining your case, including details of the marriage, grounds for divorce, and any relief sought.
  • File the petition in the Family Court of Amritsar, including required documentation and paying the court fees.
• Attend Court Hearings:
  • The court will schedule hearings to discuss the case.
  • Be prepared to present your evidence and possibly attend mediation sessions if ordered by the court.
• Obtain the Decree of Divorce:
  • If the court finds merit in your case, it will grant a decree of divorce.
  • Ensure you receive a certified copy of the decree for your records.

It is crucial to follow proper legal procedures and gather substantial evidence to support your claim of desertion. Engaging a qualified legal professional will facilitate a smoother process.