how to get divorce on grounds of desertion in Haridwar

Detailed Legal Analysis

To obtain a divorce on the grounds of desertion in Haridwar, you must follow the legal provisions outlined in the Hindu Marriage Act, 1955, or the Special Marriage Act, 1954, depending on your marriage type.

Desertion is defined under Section 13(1)(ib) of the Hindu Marriage Act, 1955. It entails one spouse abandoning the other without reasonable cause for a continuous period of at least two years. Here’s a step-by-step guide to filing for divorce on these grounds:

• Understand the Grounds of Desertion: Ensure that you can prove the following:
  • The spouse has deserted you for a continuous period of more than two years.
  • The desertion was without reasonable cause.
  • You have not consented to the desertion.
• Gather Evidence: Collect necessary evidence to support your claim, which may include:
  • Proof of residence showing the period of separation.
  • Witness statements or affidavits from family and friends.
  • Any communication records indicating the spouse's intention to desert.
• Consult a Family Lawyer: Seek legal advice from a lawyer specializing in family law to help draft the petition and guide you through the process.
• File the Petition: Prepare and file a divorce petition in the family court where you or your spouse resides. The petition must include:
  • Details of marriage (date, place, etc.).
  • Grounds for divorce (desertion).
  • Details of children (if any) and their custody.
• Serve Notice: After filing, the court will issue a notice to your spouse, who must respond to the petition.
• Attend Court Hearings: Be prepared to attend court hearings where you may need to present evidence and possibly witnesses.
• Obtain a Decree: If the court is satisfied with the evidence provided, it will grant a divorce decree based on desertion.

It’s crucial to remember that divorce laws can be complex, and outcomes may vary based on specific circumstances. Therefore, consulting with a qualified legal professional is advisable for tailored guidance.