how to get divorce on grounds of desertion in Dehradun
RA Asked by Rakesh Jha from India
Quick Answer
Desertion as a ground for divorce is available under Section 13(1)(ib) of the Hindu Marriage Act, 1955, and requires that the spouse has deserted the petitioner for a continuous period of at least two years before filing.
Detailed Legal Analysis
Desertion as a ground for divorce is available under Section 13(1)(ib) of the Hindu Marriage Act, 1955, and requires that the spouse has deserted the petitioner for a continuous period of at least two years before filing. The petition is filed before the Family Court in Dehradun with evidence of desertion such as communication records, witness statements, and proof of separate residence.
The Uttarakhand High Court has held that desertion must be without the consent of the deserted spouse and without reasonable cause. Uttarakhand Rent Control Act 2011 may require pre-litigation mediation or counselling specific to Uttarakhand.
The deserting spouse must have intended to permanently abandon the matrimonial relationship. Evidence such as police complaints for desertion, letters, and messages can support the petition.
File the petition after two years of continuous desertion with supporting documentation.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.