how to get divorce on grounds of desertion in Secunderabad

Detailed Legal Analysis

To obtain a divorce on the grounds of desertion in Secunderabad, you must file a petition under Section 13(1)(b) of the Hindu Marriage Act, 1955, or relevant provisions under the Special Marriage Act, 1954, depending on your marriage type.

Desertion as a ground for divorce requires that one spouse has abandoned the other without reasonable cause for a continuous period of at least two years. Here are the steps and requirements to follow:

• Grounds for Desertion: To claim desertion, you must prove that:
  • Your spouse has left you without your consent.
  • The separation has lasted for a minimum of two years.
  • You have not condoned the desertion or lived together during this period.
• Filing the Petition: The divorce petition must be filed in the family court of Secunderabad.
  • Prepare the petition with all necessary details, including personal information, marriage details, and the grounds for divorce.
  • Include supporting documents, such as marriage certificate, proof of residence, and evidence of desertion (if available).
• Legal Representation: It is advisable to engage a lawyer who specializes in family law to help you navigate the legal proceedings effectively.
• Notice to the Spouse: Upon filing, the court will issue a notice to your spouse informing them of the petition.
  • Your spouse will be given an opportunity to respond to the allegations.
• Court Proceedings: Attend court hearings as scheduled. The court will review the evidence presented by both parties.
  • Prepare to provide testimony and any additional evidence to support your claim of desertion.
• Decree of Divorce: If the court finds sufficient grounds for desertion, it will grant a decree of divorce.
  • The decree will outline the terms of the divorce, including any maintenance or child custody arrangements if applicable.

Important to note, if you are married under the Special Marriage Act, the provisions remain the same, but the petition will be filed under Section 27 of that Act. Consulting with a legal expert can provide additional guidance tailored to your specific situation.