how to get divorce on grounds of desertion in Shillong

Detailed Legal Analysis

To obtain a divorce on the grounds of desertion in Shillong, one must follow the legal procedures outlined in Indian law, specifically under the Hindu Marriage Act, 1955 or the Indian Divorce Act, 1869, depending on the religion of the parties involved.

Desertion, as a ground for divorce, is defined under Section 13(1)(ib) of the Hindu Marriage Act, 1955, which states that a spouse can file for divorce if the other spouse has deserted them for a continuous period of not less than two years. In the case of Christians, the grounds are specified under Section 10 of the Indian Divorce Act, 1869.

Here are the steps and requirements to file for divorce on the grounds of desertion in Shillong:

• Determine Eligibility:
  • Ensure that you have been married for a valid period.
  • The desertion must be for a continuous period of at least two years.
  • Establish that the desertion is willful, meaning the spouse has left without any reasonable cause and without consent.
• Gather Evidence:
  • Collect documents and evidence showing that the spouse has deserted you.
  • Evidence may include communication records, witness statements, and proof of residence.
• File a Petition:
  • Draft a divorce petition citing desertion as the ground.
  • File the petition in the Family Court or District Court in Shillong.
  • Include necessary details such as marriage date, duration of separation, and evidence of desertion.
• Attend Court Hearings:
  • Both parties may need to attend court hearings, where the petitioner will present evidence.
  • The respondent will have the opportunity to contest the claims.
• Obtain Decree of Divorce:
  • If the court finds sufficient grounds for divorce on the basis of desertion, it will issue a decree of divorce.
  • This decree legally terminates the marriage.

It is advisable to consult a legal professional to guide you through the process and ensure that all legal requirements are met effectively.