how to get divorce on grounds of desertion in Kota

Detailed Legal Analysis

To obtain a divorce on the grounds of desertion in Kota, you must follow a specific legal process as outlined in the Indian Divorce Act, 1869, or the Hindu Marriage Act, 1955, depending on your personal law.

Desertion is defined under Section 13(1)(ib) 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 two years or more. Here are the steps to file for divorce on the grounds of desertion:

• Eligibility Criteria:
  • Must be legally married under the relevant personal law.
  • The spouse seeking divorce must prove that the other spouse has deserted them for at least two years.
• Gather Evidence:
  • Collect evidence proving the period of desertion, such as communication records, witness statements, and any documentation that can support your claim.
  • Document attempts made to reconcile or communicate with the spouse, which may help establish that desertion was not justified.
• File a Petition:
  • Prepare a divorce petition citing desertion as the ground for divorce.
  • The petition should be filed in the family court of the jurisdiction where you reside or where the marriage was solemnized.
• Serve Notice:
  • The court will issue a notice to the other spouse, who will be given an opportunity to respond to the petition.
• Court Proceedings:
  • Attend court hearings as scheduled. Both parties will have the opportunity to present their case.
  • Provide all evidence and witness testimonies to support the claim of desertion.
• Final Judgment:
  • If the court finds sufficient evidence of desertion, it will grant the divorce decree.
  • The decree will be registered, finalizing the dissolution of the marriage.

It is advisable to consult with a family lawyer in Kota to navigate the legal complexities and ensure that all procedural requirements are met effectively.