how to get divorce on grounds of desertion in Mysore

Detailed Legal Analysis

To obtain a divorce on the grounds of desertion in Mysore, one must follow the legal provisions outlined in the Indian Divorce Act, 1869, and the Hindu Marriage Act, 1955, depending on the personal law applicable to the parties involved.

Desertion, as defined under these acts, refers to one spouse abandoning the other without reasonable cause for a continuous period of at least two years. Below are the steps and key points to consider when seeking a divorce on these grounds:

• Eligibility: Ensure you meet the criteria for filing for divorce, which includes being legally married and having lived separately for a minimum of two years due to desertion.
• Grounds for Divorce: Under Section 13(1)(ib) of the Hindu Marriage Act, 1955, desertion is a valid ground for divorce. The petitioner must prove:
  • Desertion by the other spouse for a continuous period of at least two years.
  • Intent on the part of the deserted spouse to end the marital relationship.
• Filing a Petition: The aggrieved spouse must file a petition for divorce in the Family Court of Mysore. The petition should include:
  • Details of the marriage (date, place, etc.).
  • Facts supporting the claim of desertion.
  • Any relevant documents (marriage certificate, evidence of desertion).
• Serving Notice: After filing, the court will issue a notice to the other spouse, who will have the opportunity to respond to the allegations.
• Evidence Submission: Both parties may be required to present evidence and witness testimonies to support their claims in court.
• Final Hearing: After evaluating the evidence, the court will conduct a hearing to determine whether the grounds for divorce have been established.
• Decree of Divorce: If the court is satisfied with the evidence of desertion, it will grant a decree of divorce, which will legally dissolve the marriage.

It is advisable to consult a lawyer specializing in family law to navigate the complexities of the divorce process and ensure all legal requirements are met effectively. Additionally, the relevant provisions under the Indian Evidence Act, 1872, may also come into play concerning the burden of proof in such cases.