how to get divorce on grounds of desertion in Kozhikode

Detailed Legal Analysis

To obtain a divorce on the grounds of desertion in Kozhikode, a petitioner must file a petition in the appropriate family court, demonstrating that their spouse has deserted them as per the provisions of the Hindu Marriage Act, 1955 or the Special Marriage Act, 1954, depending on their religion.

The following steps outline the process to acquire a divorce based on desertion:

• Grounds for Desertion: Under Section 13(1)(ib) of the Hindu Marriage Act, 1955, desertion is defined as the voluntary abandonment of one spouse by the other without reasonable cause for a continuous period of at least two years.
• Filing the Petition: The aggrieved spouse must file a divorce petition in the family court where either spouse resides. The petition must clearly state the grounds of desertion along with relevant details.
• Preparation of Documents: Gather necessary documents, which may include:
• Marriage certificate.
• Proof of residence.
• Evidence of desertion (e.g., communication records, witness statements).
• Legal Representation: It is advisable to hire a lawyer who specializes in family law to help navigate the legal complexities and represent you in court.
• Notice to Spouse: After filing the petition, the court will issue a notice to the respondent spouse, who will have the opportunity to respond to the allegations.
• Court Proceedings: Attend court hearings as required. Both parties will present their case, and evidence supporting the claim of desertion will need to be presented.
• Judgment: If the court finds sufficient evidence of desertion and deems the marriage irretrievably broken, it may grant the divorce.

Additionally, it is important to note that the court will also consider aspects such as the welfare of any children involved, if applicable, and any claims for maintenance or alimony. Under Section 25 of the Hindu Marriage Act, 1955, the court has the power to award alimony to the spouse who is in need of financial support.

In summary, the process of obtaining a divorce on the grounds of desertion in Kozhikode involves filing a petition supported by evidence, attending court hearings, and possibly engaging in mediation to resolve any disputes amicably.