how to get divorce on grounds of desertion in Guntur

Detailed Legal Analysis

To obtain a divorce on the grounds of desertion in Guntur, you will need to follow a series of legal steps as outlined under the Hindu Marriage Act, 1955 or the Indian Divorce Act, 1869, depending on your personal circumstances. Desertion is defined as the voluntary abandonment of one spouse by another without reasonable cause and with the intention of bringing cohabitation to an end.

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

• Grounds for Desertion: According to Section 13(1)(ib) of the Hindu Marriage Act, 1955, you can file for divorce if your spouse has deserted you for a continuous period of at least two years. The desertion must be intentional, and the spouse must have left without reasonable cause.
• Establishing Desertion: You will need to provide evidence that your spouse has deserted you. This may include:
• Proof of the spouse’s absence from the marital home.
• Documents or testimonies showing lack of communication or attempts to reconcile.
• Evidence that you did not consent to the separation.
• Filing a Petition: Draft and file a divorce petition in the Family Court or District Court in Guntur. The petition should include:
• Your full name and address.
• Your spouse's full name and address.
• Details of the marriage, including date and place.
• Specific grounds of desertion and the timeline.
• Any other relevant information or documents.
• Notice to the Spouse: After filing the petition, the court will issue a notice to your spouse to respond to the allegations made in the petition.
• Response and Evidence: Your spouse has the right to respond, and both parties may present evidence. Be prepared for hearings where you can present your case.
• Final Hearing: After considering all evidence and arguments, the court will hold a final hearing and may grant a decree of divorce if the evidence supports the claim of desertion.

It is advisable to consult a legal professional specializing in family law in Guntur to navigate the process effectively and ensure that your rights are protected throughout the proceedings.