how to get divorce on grounds of desertion in Gurugram

Detailed Legal Analysis

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

Desertion is defined as the act of one spouse leaving the other without reasonable cause and with the intention of abandoning the marriage. To establish desertion, the following key points must be considered:

• The spouse must have left the marital home voluntarily.
• The desertion must have continued for a minimum period of two years immediately preceding the filing of the divorce petition.
• The deserted spouse must not have consented to the separation.
• There must be evidence of the intention to desert and not merely a temporary separation.

Here are the steps to file for divorce on the grounds of desertion in Gurugram:

• Consult a Lawyer: Engage a family law attorney who can provide legal advice and guide you through the process.
• Gather Evidence: Collect evidence to substantiate claims of desertion, including:
• Proof of residence.
• Communication records.
• Witness statements from friends or family.
• Draft the Petition: Your lawyer will help draft the divorce petition, including details of the marriage, the grounds for divorce (desertion), and any claims for maintenance or child custody, if applicable.
• File the Petition: Submit the petition along with the required fee to the Family Court in Gurugram. Ensure to file two copies of the petition.
• Serve Notice: The court will issue a notice to the other spouse, who will be required to respond to the petition.
• Court Hearings: Attend the hearings as scheduled. Both parties will have the opportunity to present their case.
• Obtain the Decree: If the court is satisfied with the evidence and the grounds for divorce are established, a divorce decree will be granted.

It's important to note that the process can take time, and the court may require mediation before proceeding with the divorce. Additionally, factors like child custody and alimony can affect the proceedings.