how to get divorce on grounds of desertion in Bhavnagar

Detailed Legal Analysis

To obtain a divorce on the grounds of desertion in Bhavnagar, you need to follow the legal process as stipulated under the Indian Divorce Act, 1869, or the Hindu Marriage Act, 1955, depending on your personal law. Desertion is defined as a situation where one spouse has abandoned the other without reasonable cause for a specified period.

The following steps outline the process for filing for divorce on the grounds of desertion:

• Understand the Legal Definition: According to Section 13(1)(ib) of the Hindu Marriage Act, desertion refers to the voluntary abandonment of one spouse by another for a continuous period of two years or more without reasonable cause.
• Gather Evidence: Collect all necessary evidence to support your claim of desertion. This may include:
• Proof of abandonment (e.g., communication records, witness statements).
• Documentary evidence showing the duration of separation.
• Any other relevant documentation that establishes the claim.
• Consult a Family Lawyer: It is advisable to seek legal counsel to understand the intricacies of divorce proceedings in Bhavnagar and to help you prepare your case.
• File a Petition: Prepare and file a divorce petition in the Family Court under the jurisdiction of Bhavnagar. The petition must include:
• The grounds for divorce (desertion).
• The details of the marriage (date, place, and duration).
• Information about the spouse’s desertion.
• Attend Court Hearings: Once the petition is filed, you will need to attend the court hearings. The court may ask for clarifications or additional evidence related to your claim.
• Final Judgment: If the court finds sufficient grounds for divorce on the basis of desertion, it will issue a decree of divorce. It is essential to ensure that all legal formalities are followed throughout the proceedings.

It is crucial to note that desertion must not be confused with separation by mutual consent. The spouse who claims desertion must demonstrate that the other spouse had voluntarily left without intention to return. Additionally, the divorce process may vary based on whether you are governed by the Hindu Marriage Act or the Indian Divorce Act if you are a Christian. Familiarity with the specific laws applicable to your situation will greatly assist in the process.