how to get divorce on grounds of desertion in Siliguri

Detailed Legal Analysis

To obtain a divorce on the grounds of desertion in Siliguri, one must follow the procedure laid out under the Hindu Marriage Act, 1955 or the Special Marriage Act, 1954, depending on the personal law applicable to the couple.

Desertion is defined under Section 13(1)(ib) of the Hindu Marriage Act, 1955, where one spouse has ceased to cohabit with the other without reasonable cause for a continuous period of two years or more. Here are the steps and requirements to file for divorce on grounds of desertion:

• Grounds for Desertion: Ensure that you meet the criteria for desertion, which includes:
  • One spouse has abandoned the other without any intention to return.
  • Desertion must be continuous for at least two years.
  • The deserted spouse must not have given consent to the desertion.
• Gather Evidence: Collect evidence to support your claim of desertion, such as:
  • Communication records (texts, emails) showing the absence.
  • Witness statements from family or friends attesting to the desertion.
  • Documentary proof of residence to show separate living conditions.
• Consult a Lawyer: It is advisable to consult with a family law attorney who can guide you through the legal process and help draft necessary documents.
• File a Petition: Prepare and file a petition for divorce in the appropriate Family Court in Siliguri. The petition must include:
  • Details of the marriage.
  • Grounds for divorce (desertion).
  • Evidence supporting the claim.
  • Personal details of both spouses.
• Attend Court Hearings: Appear for the hearings as scheduled by the court. Be prepared to provide evidence and answer questions related to your case.
• Await Judgment: After the hearings, if the court is satisfied with the evidence presented, it will grant a divorce decree on the grounds of desertion.

It is important to note that desertion must be proved as a continuous act and not merely a temporary separation. Additionally, the spouse filing for divorce must not have condoned the desertion by resuming cohabitation with the other spouse during the two-year period, as per Section 23 of the Hindu Marriage Act, 1955.