how to get divorce on grounds of desertion in Davangere

Detailed Legal Analysis

To obtain a divorce on the grounds of desertion in Davangere, you need to follow the provisions laid out in the Hindu Marriage Act, 1955, or the Special Marriage Act, 1954, depending on your personal circumstances. Desertion, as a ground for divorce, is defined under Section 13(1)(ib) of the Hindu Marriage Act, which states that if one spouse has deserted the other for a continuous period of not less than two years, it constitutes a ground for divorce.

Here are the steps and requirements for filing a divorce petition on the grounds of desertion:

• Establish Grounds of Desertion:
  • The spouse must have deserted the other for a period of at least two years.
  • The desertion must be intentional, meaning the spouse has left without reasonable cause and without consent.
  • The petitioner must prove that they did not consent to the separation and that there was no reasonable cause for the desertion.
• Gather Evidence:
  • Collect evidence to establish the period of desertion and the circumstances surrounding it.
  • This may include communication records, witness statements, or any other documentation that supports your claims.
• Consult a Family Lawyer:
  • Seek legal advice from a lawyer specializing in family law for guidance on the process and to prepare the necessary documents.
• File the Petition:
  • Prepare and file a divorce petition in the Family Court in Davangere under Section 13 of the Hindu Marriage Act or the relevant provisions of the Special Marriage Act.
  • Include details such as marriage date, reasons for divorce, and the facts supporting the claim of desertion.
• Attend Court Hearings:
  • Be present at all court hearings and provide any additional evidence or witness testimony as required by the court.
  • Respond to any counterclaims or defenses raised by the other spouse.
• Obtain the Decree:
  • If the court is satisfied with the evidence and arguments, it will grant a decree of divorce.

It is important to note that legal procedures may vary, and it is advisable to consult with a lawyer to ensure compliance with local laws and court practices in Davangere.