how to get divorce on grounds of desertion in Jaipur

Detailed Legal Analysis

To obtain a divorce on the grounds of desertion in Jaipur, you need to file a petition under Section 13(1)(b) of the Hindu Marriage Act, 1955, or under Section 10 of the Indian Divorce Act, 1869 for Christians. Desertion refers to the voluntary abandonment of one spouse by another without reasonable cause and with the intention to end the marriage.

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

• Grounds for Desertion: Ensure that you can establish the following:
  • The other spouse has deserted you for a continuous period of at least two years.
  • The desertion is without reasonable cause and is intentional.
  • You have not consented to the desertion.
• Gather Evidence: Collect evidence to support your claim of desertion, such as:
  • Documents proving the duration of separation.
  • Witness statements or affidavits from friends or family.
  • Correspondence that shows attempts to reconcile.
• Drafting the Petition: Prepare a divorce petition that includes:
  • Your details and those of your spouse.
  • The marriage details, including date and place of marriage.
  • Details of the desertion, including dates and circumstances.
  • Your prayer for divorce and any other relief sought.
• Filing the Petition: File the petition in the Family Court of Jaipur along with the necessary documents and evidence. Pay the required court fees.
• Service of Notice: The court will issue a notice to your spouse, who will have the opportunity to respond to the petition.
• Court Hearings: Attend the hearings as scheduled. Be prepared to present your evidence and argue your case. If the court is satisfied with your evidence, it may grant the divorce.
• Final Decree: Once the court grants the divorce, a final decree will be issued, which legally ends the marriage.

In addition to the above steps, it is advisable to consult with a family lawyer who specializes in divorce cases to navigate legal complexities and ensure that your rights are protected throughout the process.