how to get divorce on grounds of desertion in Ranchi

Detailed Legal Analysis

To obtain a divorce on the grounds of desertion in Ranchi, 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, if applicable.

Desertion is defined as the voluntary abandonment of one spouse by the other without reasonable cause and without consent or intention to return. To successfully claim desertion, certain conditions must be met:

• The spouse must have deserted you for a continuous period of at least two years.
• The desertion must be without reasonable cause.
• The desertion should be without your consent.
• The spouse must not have returned during the period of desertion.

Here are the steps to file for divorce on the grounds of desertion in Ranchi:

• Consult a Lawyer: Engage a family law attorney who will guide you through the legal process and prepare the necessary documents.
• Gather Evidence: Collect evidence to support your claim of desertion, such as communication records, witnesses, or any documentation proving your spouse's abandonment.
• Draft the Petition: Your lawyer will help draft the divorce petition, including details of the marriage, the grounds for divorce, and any relief sought (such as alimony or child custody).
• File the Petition: Submit the divorce petition in the appropriate Family Court in Ranchi. Ensure all court fees are paid and documents are correctly filed.
• Service of Notice: After filing, the court will issue a notice to your spouse, informing them of the divorce proceedings.
• Attend Court Hearings: Be prepared to attend court hearings. Your lawyer will present your case, and both parties may need to provide evidence.
• Final Judgment: If the court is satisfied with the evidence of desertion, it will issue a decree of divorce.

It is important to note that during the proceedings, both parties may seek mediation or reconciliation, as courts often encourage attempts to resolve marital disputes amicably. Furthermore, ensure all documentation is in order and you comply with any specific local rules applicable in Ranchi.

For more information, refer to the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954.