how to get divorce on grounds of desertion in Surat
ME Asked by Meera Krishnan from India
Quick Answer
To obtain a divorce on the grounds of desertion in Surat, you must file a petition under the relevant provisions of the Hindu Marriage Act, 1955 or the Special Marriage Act, 1954, depending on your marriage type. Desertion is defined under Section 13(1)(b) of the Hindu Marriage Act, which states that a spouse can seek divorce if the other spouse has deserted them for a continuous period of not les
Detailed Legal Analysis
To obtain a divorce on the grounds of desertion in Surat, you must file a petition under the relevant provisions of the Hindu Marriage Act, 1955 or the Special Marriage Act, 1954, depending on your marriage type.
Desertion is defined under Section 13(1)(b) of the Hindu Marriage Act, which states that a spouse can seek divorce if the other spouse has deserted them for a continuous period of not less than two years. The following steps outline the process to file for divorce on these grounds:
- Determine Eligibility: Ensure that you meet the criteria for desertion, which includes:
- Continuous absence of the spouse without reasonable cause for at least two years.
- Intent to desert, meaning the spouse has left without any intention of returning.
- Gather Evidence: Collect evidence to support your claim of desertion, which may include:
- Proof of residence showing the spouse's absence.
- Witness statements or affidavits confirming the desertion.
- Any correspondence indicating the spouse's intent to desert.
- File a Divorce Petition: Prepare and file a petition for divorce in the Family Court of Surat, including:
- Your details and those of your spouse.
- Facts and circumstances leading to the desertion.
- Evidence supporting your claims.
- A prayer for the divorce.
- Attend Court Hearings: After filing, you will be required to attend court hearings, where:
- The court will examine the evidence presented.
- Both parties may be required to make submissions.
- Obtain Divorce Decree: If the court is satisfied with the evidence of desertion, it will grant a divorce decree.
It is advisable to consult with a family lawyer who specializes in divorce cases to navigate the legal intricacies effectively. This will help ensure that your rights are protected and the process is handled smoothly.
Relevant laws include:
- Hindu Marriage Act, 1955 – Section 13(1)(b)
- Special Marriage Act, 1954 – Section 27(1)(a) for non-Hindu marriages.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.