how to get divorce on grounds of desertion in Thrissur

Detailed Legal Analysis

To obtain a divorce on the grounds of desertion in Thrissur, you must file a petition under Section 13(1)(b) of the Hindu Marriage Act, 1955, or the relevant provisions of the Indian Divorce Act, 1869, for Christians. Desertion is defined as the intentional abandonment of one spouse by the other without reasonable cause for a continuous period of at least two years.

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

• Legal Grounds for Divorce:
  • Desertion must be for a continuous period of at least two years.
  • The deserted spouse must prove that the other spouse has left without just cause.
  • There must be an intention to desert (animus deserendi).
• Filing the Petition:
  • Prepare a divorce petition stating the grounds of desertion.
  • Include details such as the marriage date, the reason for desertion, and how long the spouse has been absent.
  • File the petition in the Family Court or District Court where you or your spouse resides.
• Required Documents:
  • Marriage certificate or proof of marriage.
  • Documents supporting claims of desertion (e.g., communication records, witness statements).
  • Identity proof and address proof of both spouses.
• Court Proceedings:
  • Attend the court hearings as scheduled by the judge.
  • Present evidence and arguments supporting your case.
  • Respond to any counterclaims made by your spouse.
• Final Decree:
  • If the court is satisfied with the evidence, it will grant a decree of divorce.
  • Ensure you obtain a certified copy of the divorce decree for future reference.

It is advisable to consult with a family law attorney experienced in divorce matters in Thrissur to navigate this process effectively, ensuring all legal requirements are met and your rights are protected.