how to get divorce on grounds of desertion in Srinagar

Detailed Legal Analysis

To obtain a divorce on the grounds of desertion in Srinagar, you must follow specific legal procedures under the Indian legal framework, particularly the Hindu Marriage Act, 1955 or the Special Marriage Act, 1954, depending on your personal law.

Desertion is defined under Section 13(1)(i) of the Hindu Marriage Act, 1955, which states that one spouse can seek divorce if the other spouse has deserted them for a continuous period of two years. Here are the steps and requirements to file for divorce on grounds of desertion:

• Grounds for Desertion: To prove desertion, you must establish the following:
  • The spouse has abandoned the marital home without reasonable cause.
  • The desertion has continued for a period of at least two years.
  • The deserted spouse has not consented to the separation.
• Gather Evidence: Collect necessary evidence to support your claim, such as:
  • Proof of residence where the spouse has deserted.
  • Communication records (if any) indicating the desertion.
  • Witness statements or affidavits from friends or relatives.
• File a Petition: Approach the family court in Srinagar and file a divorce petition. The petition should include:
  • Your name and details of your spouse.
  • Specific grounds for divorce (desertion).
  • Details of the marriage (date, place, etc.).
  • Evidence supporting your claim of desertion.
• Serve Notice: After filing, ensure that a notice is served to your spouse. They will have the opportunity to respond to the petition.
• Court Proceedings: Attend court hearings as scheduled. Be prepared to present evidence and witnesses to substantiate your claim.
• Final Decree: If the court is satisfied with the evidence and finds the grounds for desertion proven, it will issue a decree of divorce.

Additionally, if you are governed by the Special Marriage Act, 1954, the provisions regarding divorce on the grounds of desertion are similar under Section 27 of the Act. Always consider consulting a legal professional to navigate the procedures effectively and ensure compliance with local laws.