how to get divorce on grounds of desertion in Kanpur

Detailed Legal Analysis

To obtain a divorce on the grounds of desertion in Kanpur, you must file a petition under Section 13(1)(b) of the Hindu Marriage Act, 1955, or the relevant provisions of the Special Marriage Act, 1954, if applicable. Desertion is defined as one spouse leaving the other without reasonable cause for a continuous period of at least two years.

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

• Grounds for Desertion: Ensure that you can establish that your spouse has deserted you for a continuous period of at least two years. Key points include:
  • Unilateral decision by one spouse to leave the marital home.
  • No reasonable cause for leaving the matrimonial home.
  • Intent to abandon the spouse.
• Gather Evidence: Collect evidence that can support your claim of desertion, such as:
  • Documentary proof of the spouse's absence (e.g., bills, letters, receipts).
  • Witness testimonies from family and friends who can corroborate the desertion.
  • Any communication that indicates the spouse's intent to desert.
• Draft the Divorce Petition: Prepare a divorce petition that includes:
  • Your details and those of your spouse.
  • Facts supporting your claim of desertion.
  • Details of your marriage (date, place, etc.).
  • Any children from the marriage and arrangements for their custody.
• File the Petition: Submit the divorce petition in the Family Court of Kanpur along with:
  • Required court fees.
  • Affidavit supporting your claims.
  • Any other relevant documents.
• Court Proceedings: Attend the court hearings as scheduled and present your evidence. The court may:
  • Seek evidence from both parties.
  • Encourage mediation to resolve issues, if applicable.
• Final Decree: If the court finds merit in your petition, it will issue a decree of divorce. Ensure to obtain a certified copy of the decree.

Understanding these steps will help you navigate the divorce process effectively in Kanpur. It is advisable to consult with a lawyer specializing in family law to assist you throughout the procedure.