how to get divorce on grounds of desertion in Delhi

Detailed Legal Analysis

To obtain a divorce on the grounds of desertion in Delhi, one must file a petition under Section 13(1)(b) of the Hindu Marriage Act, 1955 or Section 27 of the Special Marriage Act, 1954, depending on the personal law applicable. Desertion is defined as the voluntary abandonment of the spouse without reasonable cause for a continuous period of at least two years.

The following steps outline the process to file a divorce petition on the grounds of desertion:

• Eligibility: Ensure that you meet the eligibility criteria for filing a divorce. This includes:
  • Marital status: Must be legally married.
  • Desertion period: The spouse must have deserted for a continuous period of at least two years.
• Gather Evidence: Collect evidence to substantiate your claim of desertion. This may include:
  • Documented communication showing abandonment.
  • Witness statements from friends or family.
  • Proof of living separately (e.g., rent agreements, utility bills).
• Draft the Petition: Prepare a divorce petition including:
  • Details of marriage (date, place, and circumstances).
  • Grounds for divorce (specifically mentioning desertion).
  • Details of the spouse's abandonment and the duration.
  • Any children from the marriage and their custody arrangements.
• File the Petition: Submit the divorce petition in the Family Court of Delhi along with the required documents and fees. Necessary documents typically include:
  • Marriage certificate.
  • Proof of residency.
  • Identity proof.
• Attend Court Hearings: After filing, you will be required to attend court hearings. During these hearings:
  • Present your case and evidence.
  • Respond to any counterarguments from the other spouse.
• Obtain the Decree: If the court is satisfied with the evidence presented, it will grant a divorce decree. Ensure you obtain a certified copy of the decree for future reference.

It is advisable to seek legal counsel to navigate the complexities of family law and ensure that all procedural requirements are met efficiently.