how to get divorce on grounds of desertion in Jalandhar

Detailed Legal Analysis

To obtain a divorce on the grounds of desertion in Jalandhar, you must follow the procedure outlined in the Hindu Marriage Act, 1955, or the Special Marriage Act, 1954, depending on your personal circumstances.

The grounds of desertion are defined under Section 13(1)(ib) of the Hindu Marriage Act, which states that a spouse can file for divorce if the other spouse has deserted them for a continuous period of not less than two years immediately preceding the filing of the petition.

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

• Eligibility Criteria:
  • Must be legally married under the Hindu Marriage Act or the Special Marriage Act.
  • Must prove that the spouse has deserted for at least two years.
• Gather Evidence:
  • Document instances of desertion, including dates and circumstances.
  • Collect any communication or witnesses that support your claim.
• File a Petition:
  • Prepare a divorce petition citing desertion as the ground.
  • File the petition in the Family Court or District Court in Jalandhar.
  • The petition should include details such as marriage date, details of the spouse’s desertion, and any supporting evidence.
• Pay Court Fees:
  • Ensure to pay the necessary court fees as per the rules of the court.
• Attend Court Hearings:
  • Be prepared to attend hearings where you may need to present evidence and arguments.
  • Respond to any counterclaims or defenses filed by your spouse.
• Await Judgment:
  • After hearings, the court will deliver a judgment based on the evidence presented.
  • If granted, the decree of divorce will be issued.

It is advisable to consult with a family lawyer in Jalandhar to help navigate the legal process effectively, ensure all documentation is correctly prepared, and represent your interests in court.