how to get divorce on grounds of desertion in Saharanpur

Detailed Legal Analysis

To obtain a divorce on the grounds of desertion in Saharanpur, one must follow a structured legal process as per the Indian divorce laws.

Desertion is defined under Section 13(1)(ib) of the Hindu Marriage Act, 1955, where one spouse leaves the other without reasonable cause and without consent for a continuous period of two years. Here are the steps to initiate a divorce on these grounds:

• Consult a Lawyer: Start by consulting a family lawyer who specializes in divorce cases. They will guide you through the legal process and requirements specific to Saharanpur.
• Gather Evidence: Collect evidence to prove desertion, which may include:
• Proof of residence showing that your spouse has not been living with you.
• Any correspondence (emails, messages) indicating the spouse's intention to abandon the marriage.
• Witness statements from friends or family members who can attest to the desertion.
• File a Petition: Your lawyer will file a divorce petition in the Family Court of Saharanpur. The petition should include:
• Your details and those of your spouse.
• Grounds for divorce (desertion in this case) and the duration of separation.
• Details of any children, if applicable, and arrangements for their custody and support.
• Serve Notice: Once the petition is filed, a notice will be served to your spouse, who will have the opportunity to respond to the allegations.
• Court Hearings: Attend the court hearings as scheduled. Both parties will present their evidence and arguments. The court may also encourage mediation.
• Judgment: If the court is satisfied with the evidence presented and finds merit in the claim of desertion, it will grant a divorce decree.
• Final Decree: After the judgment, ensure to obtain the final decree of divorce, which can be used for legal purposes such as remarriage.

It is crucial to understand that desertion as a ground for divorce requires proving that the spouse has left without reasonable cause and has not returned for two years or more. If successful, you will be legally separated, allowing for the possibility of remarriage.