how to get divorce on grounds of desertion in Pune

Detailed Legal Analysis

To obtain a divorce on the grounds of desertion in Pune, one must follow a legal process under the Hindu Marriage Act, 1955, or the Special Marriage Act, 1954, depending on the personal law applicable to the parties involved.

The grounds of desertion are 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 two years or more. The following steps outline the procedure for seeking a divorce on these grounds:

• Eligibility Criteria:
  • The marriage must be legally valid under the applicable personal law.
  • The parties must have been living separately for a continuous period of at least two years.
  • The desertion must be without reasonable cause and against the will of the aggrieved spouse.
• Gather Evidence:
  • Document instances that demonstrate the other spouse's absence and intention to leave the marriage.
  • Collect any communication (like emails, messages) that can support your claim of desertion.
• Consult a Lawyer:
  • Engage a family law attorney who specializes in divorce cases in Pune.
  • Discuss your situation and gather advice on the best approach to file for divorce.
• File a Petition:
  • Prepare and file a petition for divorce in the appropriate Family Court in Pune.
  • The petition must include details of the marriage, reasons for divorce, and confirmation of the desertion period.
• Attend Court Hearings:
  • Be prepared to attend hearings where both parties may present their case.
  • Provide evidence and witness testimony if necessary to substantiate the claim of desertion.
• Obtain a Decree:
  • If the court is satisfied with the evidence presented, it will pass a decree of divorce.
  • The decree will officially dissolve the marriage and outline any orders regarding alimony or child custody if applicable.

It is advisable to keep track of time limits for filing a divorce petition and adhere to local court procedures to ensure a smooth process.