how to get divorce on grounds of desertion in Itanagar

Detailed Legal Analysis

To obtain a divorce on the grounds of desertion in Itanagar, one must file a petition under the Hindu Marriage Act, 1955 or the Special Marriage Act, 1954, depending on the personal law applicable to the parties involved.

Desertion as a ground for divorce is defined under Section 13(1)(b) of the Hindu Marriage Act, 1955, which states that a spouse can seek divorce if the other spouse has deserted them for a continuous period of not less than two years immediately preceding the presentation of the petition.

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

• Confirm Eligibility: Ensure that you meet the criteria for desertion, which includes:
  • The spouse has left without reasonable cause.
  • The desertion has continued for a minimum of two years.
  • The deserted spouse has not consented to the separation.
• Gather Evidence: Collect evidence to support your claim of desertion, which may include:
  • Proof of the spouse's absence (e.g., letters, messages, or witness statements).
  • Documentation of attempts to reconcile, if any.
• Consult a Lawyer: It is advisable to consult a family lawyer who can guide you through the legal process and help draft the petition.
• Draft the Petition: The petition should include:
  • Details of the marriage (date, place, and circumstances).
  • Specifics of the desertion (dates and nature of abandonment).
  • Statement of no cohabitation for the specified period.
  • Any other relevant facts and prayers for relief.
• File the Petition: Submit the divorce petition in the appropriate family court in Itanagar along with the required fees.
• Attend Court Hearings: Be present for court hearings, respond to any summons, and provide evidence supporting your claim.
• Obtain Decree: If the court is satisfied with the evidence, it will grant a divorce decree. Ensure to obtain a copy of the decree for future reference.

Additionally, if both parties agree, a mutual consent divorce can also be pursued under Section 13B of the Hindu Marriage Act, which may be simpler and quicker.

Understanding the legal framework and procedural requirements is crucial for a successful divorce petition based on desertion.