how to get divorce on grounds of desertion in Rohini

Detailed Legal Analysis

To obtain a divorce on the grounds of desertion in Rohini, an individual must file a petition under Section 13(1)(b) of the Hindu Marriage Act, 1955, or the corresponding provisions under the Special Marriage Act, 1954, if applicable. Desertion is defined as the intentional abandonment of one spouse by another without reasonable cause and with the intention of bringing the marital relationship to an end.

The following steps outline the process for obtaining a divorce on the grounds of desertion:

• Understand the Grounds for Desertion:
  • The spouse must have deserted the petitioner for a continuous period of at least two years immediately preceding the filing of the petition.
  • Desertion must be without reasonable cause, meaning the deserted spouse did not provoke the other spouse to leave.
  • The intention to desert must be clear, which means the spouse leaving must not intend to return.
• Document Evidence:
  • Gather evidence to prove the duration of desertion, such as communication records, witness statements, and proof of the other spouse's absence.
  • Document any attempts made to reconcile or communicate with the spouse during the period of desertion.
• Consult a Family Lawyer:
  • Engage a qualified family lawyer experienced in divorce cases to ensure proper representation and guidance through the legal process.
• File the Divorce Petition:
  • Prepare and file a divorce petition in the appropriate family court in Rohini.
  • The petition must include details of the marriage, the grounds for divorce, and any relevant evidence.
  • Pay the requisite court fees associated with filing the petition.
• Attend Court Proceedings:
  • Be present for hearings and comply with any court orders.
  • Prepare for any potential mediation sessions if the court orders it.
• Obtain the Divorce Decree:
  • If the court is satisfied with the evidence presented, it will grant a divorce decree, officially dissolving the marriage.

It is crucial to ensure that all legal requirements are met and documented thoroughly, as the burden of proof lies with the petitioner to establish desertion as a valid ground for divorce.