how to get divorce on grounds of desertion in Bhubaneswar

Detailed Legal Analysis

To obtain a divorce on the grounds of desertion in Bhubaneswar, one must file a petition in the family court under Section 13(1)(ib) of the Hindu Marriage Act, 1955 or Section 10 of the Divorce Act, 1869 for Christians. Desertion is defined as the voluntary abandonment of one spouse by another without reasonable cause and without the consent of the other spouse.

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

• Eligibility: Ensure that you meet the eligibility criteria for filing a divorce. Under Hindu Marriage Act, the parties must be married and one must have deserted the other for a continuous period of at least two years.
• Grounds for Desertion: You must prove that:
  • The other spouse has left the matrimonial home without any reasonable cause.
  • The desertion has continued for a minimum of two years.
  • There is no intention of resuming cohabitation.
• Collect Evidence: Gather evidence to support your claim of desertion, which may include:
  • Communication records (emails, messages, etc.)
  • Witness statements from friends or family
  • Proof of residence if the spouse has moved out.
• Draft the Petition: Prepare a divorce petition stating the facts of the case, including:
  • Details of marriage (date, place, etc.)
  • Duration of desertion
  • Any attempts made to reconcile.
• File the Petition: Submit the divorce petition to the family court in Bhubaneswar along with the required fees and documents.
• Serve Notice: The court will issue a notice to the other spouse, who must respond to the petition.
• Attend Court Hearings: Be prepared to attend court hearings where both parties will present their evidence and arguments.
• Obtain the Decree: If the court is satisfied with the evidence of desertion, a decree of divorce will be granted.

It is advisable to seek legal counsel to navigate the complexities of divorce proceedings and ensure that all legal requirements are met effectively.