how to get divorce on grounds of desertion in Rohtak
LA Asked by Lakshmi Menon from India
Quick Answer
To obtain a divorce on the grounds of desertion in Rohtak, one must file a petition under Section 13(1)(b) of the Hindu Marriage Act, 1955 or the relevant provision under the Special Marriage Act, 1954, depending on the nature of the marriage. Desertion, as a ground for divorce, occurs when one spouse abandons the other without reasonable cause, with the intention to permanently cease cohabitation
Detailed Legal Analysis
To obtain a divorce on the grounds of desertion in Rohtak, one must file a petition under Section 13(1)(b) of the Hindu Marriage Act, 1955 or the relevant provision under the Special Marriage Act, 1954, depending on the nature of the marriage.
Desertion, as a ground for divorce, occurs when one spouse abandons the other without reasonable cause, with the intention to permanently cease cohabitation. To successfully claim divorce on these grounds, the following steps must be taken:
- Grounds for Desertion: The petitioner must establish that the spouse has deserted them for a continuous period of at least two years immediately preceding the filing of the petition.
- Evidence of Desertion: Gather evidence to substantiate the claim of desertion, such as:
- Documentary proof of separate residence.
- Witness statements from family or friends regarding the abandonment.
- Communication records showing lack of contact or intention to return.
- Filing the Petition: Prepare and file a divorce petition at the Family Court in Rohtak. The petition should include:
- Details of marriage (date, place, etc.).
- Details of desertion (dates, circumstances, etc.).
- Any other relevant information pertaining to the marriage.
- Service of Notice: After filing, the court will issue a notice to the respondent spouse, requiring them to appear before the court.
- Court Proceedings: Attend court hearings. The petitioner may need to present evidence and witnesses to support the claim. The respondent will have the opportunity to contest the petition.
- Interim Relief: If necessary, seek interim relief such as maintenance or child custody during the pendency of divorce proceedings.
- Final Decree: Upon satisfactory evidence and hearing, if the court is convinced of the desertion, it will grant a divorce decree.
It is advisable to consult with a qualified family lawyer in Rohtak to navigate the legal complexities and ensure that all procedures are duly followed according to the applicable laws.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.