how to get divorce on grounds of desertion in Nashik

Detailed Legal Analysis

To obtain a divorce on the grounds of desertion in Nashik, you must file a petition under Section 13(1)(b) of the Hindu Marriage Act, 1955, or the relevant provisions of the Special Marriage Act, 1954, depending on your marriage type.

Desertion is defined as the voluntary abandonment of one spouse by another without reasonable cause and with the intention of bringing the marital relationship to an end. To successfully claim divorce on these grounds, follow these steps:

• Understand the Grounds for Desertion:
  • The spouse has left the matrimonial home for a continuous period of at least two years.
  • The departure should be without reasonable cause.
  • The deserted spouse must not have consented to the separation.
• Gather Evidence:
  • Document the period of separation.
  • Collect evidence illustrating the intention to desert, such as communication records or witness statements.
  • Proof of attempts made to reconcile, if any, can also be beneficial.
• Consult a Family Lawyer:
  • Seek legal advice to understand the implications and gather necessary documentation.
  • A lawyer can help in drafting the divorce petition and preparing for court proceedings.
• File the Petition:
  • File a petition for divorce in the family court of Nashik, providing all necessary details and evidence supporting your claim of desertion.
  • The petition must include personal details of both parties, marriage details, and the grounds for seeking divorce.
• Attend Court Proceedings:
  • Be present for all hearings and provide evidence as required.
  • Respond to any queries from the judge or opposing party regarding the case.
• Await the Final Judgment:
  • If the court finds sufficient grounds for desertion, it may grant a divorce decree.
  • Ensure to comply with any additional orders regarding maintenance or child custody, if applicable.

It is advisable to keep a record of all communications and court documents, as they may be required during the proceedings. Understanding your rights and responsibilities under Indian family law can significantly impact the outcome of your divorce case.