how to get divorce on grounds of desertion in Muzaffarpur

Detailed Legal Analysis

To obtain a divorce on the grounds of desertion in Muzaffarpur, you need to follow a legal process as outlined in the Hindu Marriage Act, 1955 or the Special Marriage Act, 1954, depending on your personal circumstances.

Desertion is defined under Section 13(1)(ib) of the Hindu Marriage Act, which states that a spouse can file for divorce if the other spouse has deserted them for a continuous period of not less than two years. Here are the steps you need to follow:

• Understand the concept of desertion:
  • Desertion implies the intentional abandonment of one spouse by another without reasonable cause.
  • The deserting spouse must have left the matrimonial home without consent and has not returned for a specified period, typically two years.
• Gather evidence:
  • Document instances of abandonment and any communications that show the intention of the other spouse to desert.
  • Collect witness statements, if applicable, to corroborate your claim.
  • Maintain records of any attempts to reconcile or communicate with the spouse.
• Consult a family lawyer:
  • Engage a qualified family lawyer in Muzaffarpur who specializes in divorce cases.
  • Your lawyer will help you prepare the divorce petition and guide you through the legal process.
• File the divorce petition:
  • Prepare a petition citing desertion as the ground for divorce, including all relevant details and supporting evidence.
  • File the petition in the Family Court of Muzaffarpur.
• Attend court hearings:
  • Be prepared to attend multiple hearings where both parties may present their evidence.
  • Your lawyer will represent you and argue your case before the judge.
• Obtain the decree of divorce:
  • If the court is satisfied with the evidence of desertion, it will issue a decree of divorce.
  • Ensure to obtain the certified copy of the decree for future reference.

It is essential to note that the divorce process can vary based on individual circumstances, and legal advice is critical to navigate the complexities involved.