how to get divorce on grounds of desertion in Vadodara

Detailed Legal Analysis

To obtain a divorce on the grounds of desertion in Vadodara, one must follow a legal process under the Hindu Marriage Act, 1955 or the Special Marriage Act, 1954, depending on the parties' religion and marriage registration. Desertion is defined under Section 13(1)(b) of the Hindu Marriage Act, which states that one spouse can file for divorce if the other spouse has deserted them for a continuous period of two years or more.

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

• Eligibility Criteria:
  • The marriage must be valid under Indian law.
  • Desertion must have occurred for a continuous period of at least two years.
  • The petitioner must not have consented to the desertion.
• Gather Evidence:
  • Document the period of desertion with relevant evidence (e.g., communication records, witness statements).
  • Establish that the desertion was willful and that the spouse did not return.
• File a Petition:
  • Draft a divorce petition citing desertion as the ground.
  • Include details such as the date of marriage, circumstances of desertion, and any children involved.
  • File the petition in the family court of Vadodara where either spouse resides.
• Serve Notice:
  • Once the petition is filed, serve a notice to the spouse to appear in court.
  • The spouse will have the opportunity to respond to the petition.
• Court Proceedings:
  • Attend court hearings as scheduled; both parties may present their case.
  • Provide evidence supporting the claim of desertion.
• Judgment:
  • After considering the evidence, the court will provide a judgment.
  • If granted, the court will issue a divorce decree.

It is advisable to consult with a lawyer who specializes in family law to navigate the legal intricacies effectively. Additionally, the relevant provisions under the Indian Penal Code (IPC), such as Section 498A (related to cruelty) may also be considered if applicable.