how to get divorce on grounds of desertion in Mangalore

Detailed Legal Analysis

To obtain a divorce on the grounds of desertion in Mangalore, you need to follow specific legal procedures outlined under the Indian Divorce Act, 1869, or the Hindu Marriage Act, 1955, depending on your personal laws.

Desertion is defined as the abandonment of one spouse by another without reasonable cause for a continuous period of at least two years. Below are the steps and requirements to file for divorce on these grounds:

• Understand the Grounds for Desertion:
  • The spouse has voluntarily left the matrimonial home.
  • There is no reasonable cause for leaving.
  • Desertion must be for a continuous period of at least two years.
  • The deserted spouse must not have consented to the separation.
• Gather Evidence:
  • Document the timeline of events leading to the separation.
  • Collect evidence of attempts to reconcile or communicate.
  • Witness statements may also be helpful.
• Consult a Family Lawyer:
  • Engage a lawyer who specializes in family law to represent your interests.
  • Discuss your case details to formulate a strong legal strategy.
• File a Petition:
  • Draft and file a petition for divorce in the Family Court under Section 13(1)(b) of the Hindu Marriage Act, 1955, or the applicable provisions of the Indian Divorce Act, 1869.
  • The petition should include details of the marriage, the reason for seeking divorce, and evidence of desertion.
• Attend Court Hearings:
  • Be present for all hearings and proceedings related to your case.
  • Provide additional evidence or documentation as requested by the court.
• Receive Judgement:
  • The court will issue a decree of divorce if satisfied with the evidence of desertion.
  • Follow any additional orders regarding alimony, child custody, or property if applicable.

Remember, divorce proceedings can be complex and emotionally taxing, so legal guidance is highly recommended to navigate the process effectively.