how to get divorce on grounds of desertion in Jabalpur

Detailed Legal Analysis

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

Desertion, as a ground for divorce, is defined as the voluntary abandonment of one spouse by another without reasonable cause for a continuous period of at least two years. The following steps outline the process to file for divorce on these grounds:

• Consult a Lawyer: It is advisable to consult with a family law attorney who can guide you through the legal procedures and help prepare the necessary documents.
• Gather Evidence: Collect evidence to support your claim of desertion. This may include:
• Proof of cohabitation (or lack thereof),
• Correspondence between spouses,
• Witness statements, and
• Any other relevant documents that can establish the period of desertion.
• Drafting the Petition: Prepare a divorce petition stating:
• The details of marriage (date, place, etc.),
• The facts leading to the desertion,
• The period of desertion, and
• Your prayer for relief (divorce).
• Filing the Petition: Submit the divorce petition in the Family Court located in Jabalpur. Pay the requisite court fees as per the court's regulations.
• Notice to Respondent: Once filed, the court will issue a notice to the other spouse (respondent) to appear before the court on a specified date.
• Court Proceedings: Attend court hearings. The petitioner may need to provide evidence and witnesses to substantiate the claim of desertion. The respondent may also present their side.
• Judgment: If the court is satisfied with the evidence and finds the ground of desertion established, it will pass a decree of divorce.

It's important to note that desertion must be proved, and the court will look into the facts and circumstances of the case carefully. Moreover, under Section 13(2) of the Hindu Marriage Act, any decree for divorce can be contested by the other spouse, which may prolong the process.

Additionally, for couples married under the Special Marriage Act, similar provisions apply under Section 27 of the Act. Always ensure to follow the procedural rules as set forth by the respective family courts in Jabalpur.