how to get divorce on grounds of desertion in Chennai

Detailed Legal Analysis

To obtain a divorce on the grounds of desertion in Chennai, one must file a petition under Section 13(1)(b) of the Hindu Marriage Act, 1955 or the relevant provisions of the Special Marriage Act, 1954, depending on the marriage type.

Desertion, as per Indian law, refers to the willful abandonment of one spouse by another without reasonable cause and without consent. To successfully establish desertion as a ground for divorce, the following steps and requirements must be fulfilled:

• Proving Desertion: The petitioner must demonstrate that the other spouse has deserted them for a continuous period of at least two years. This includes showing that there was no intention to return.
• Filing a Petition: The aggrieved spouse should file a divorce petition in the Family Court of Chennai, detailing the grounds of desertion. The petition must include:
  • Personal details of both spouses
  • Date and place of marriage
  • Details of the desertion (including duration and circumstances)
  • Any attempts made for reconciliation, if applicable
• Jurisdiction: Ensure the Family Court has jurisdiction. Usually, this is where either spouse resides or where the couple last resided together.
• Notices and Responses: After filing, the court will issue a notice to the other spouse, who must respond. The respondent has the right to contest the claims made in the petition.
• Evidence: The petitioner must provide evidence supporting the claim of desertion. This may include:
  • Testimonies from witnesses
  • Documentary proof (e.g., communication records, police complaints, etc.)
  • Any relevant correspondence between spouses
• Hearing: The Family Court will schedule hearings where both parties can present their case. The court may also suggest mediation to resolve disputes amicably.
• Judgment: If the court is satisfied with the evidence and finds that desertion has occurred, a decree of divorce will be granted.

It is advisable to consult a qualified family lawyer in Chennai to navigate the legal process effectively and ensure all procedural requirements are met.