how to get divorce on grounds of desertion in Kurnool

Detailed Legal Analysis

To obtain a divorce on the grounds of desertion in Kurnool, you must file a petition under Section 13(1)(b) of the Hindu Marriage Act, 1955, or under similar provisions in other applicable personal laws for non-Hindus.

Desertion, as a ground for divorce, occurs when one spouse has abandoned the other without reasonable cause for a continuous period of two years or more. Here are the steps and requirements to file for divorce on the grounds of desertion:

• Eligibility: Ensure that you meet the eligibility criteria for divorce, which includes being legally married and living separately for a period of at least two years.
• Grounds for Desertion: You must establish that your spouse has deserted you without consent and without reasonable cause. This includes demonstrating that:
  • Your spouse has left the matrimonial home.
  • There has been no intention to return.
  • The separation has been for a continuous period of at least two years.
• Gather Evidence: Collect relevant evidence to substantiate your claim of desertion. This may include:
  • Proof of the date your spouse left.
  • Correspondence indicating the lack of intent to return.
  • Witness statements or affidavits that corroborate your claims.
• Drafting the Petition: Prepare a divorce petition outlining the grounds of desertion. The petition should include:
  • Details of your marriage.
  • Facts supporting the claim of desertion.
  • A request for relief (i.e., dissolution of marriage).
• Filing the Petition: File the divorce petition in the family court in Kurnool. Ensure you have:
  • Multiple copies of the petition.
  • The necessary court fee.
  • All supporting documents and evidence.
• Court Proceedings: Attend the court hearings as scheduled. The court may:
  • Examine the evidence and witness testimonies.
  • Encourage reconciliation, if deemed appropriate.
  • Inevitably, issue a judgment based on the merits of the case.
• Final Decree: If the court finds in your favor, it will grant a decree of divorce, officially dissolving the marriage.

Ensure that you consult with a legal expert specializing in family law to navigate the complexities of your case and understand the implications involved.