Contested Divorce Petition — Desertion

A contested divorce petition on the ground of desertion is governed by the Hindu Marriage Act, 1955. Section 13(1)(ib) of the Act provides that a marriage may be dissolved by a decree of divorce on the ground that the other party has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition. Desertion means the intentional abandonment of one spouse by the other without reasonable cause and without the consent of the deserted spouse. A Contested Divorce Lawyer India will help you establish these elements before the family court.

Contested divorce petitions are filed in the Family Court or the District Court having jurisdiction over the place where the marriage was solemnized, or where the parties last resided together, or where the respondent resides. The e-Courts portal (https://ecourts.gov.in) provides case status information. Your Contested Divorce Lawyer India will file the petition in the appropriate court and track the proceedings through this portal.

The process for a contested divorce on desertion begins with filing a petition under Section 13(1)(ib) of the Hindu Marriage Act, 1955. Your Contested Divorce Lawyer India will draft the petition, stating the date of marriage, the period of cohabitation, the date of desertion, and the circumstances showing that the desertion was without reasonable cause and without your consent. After filing, the court issues notice to the respondent. If the respondent contests, the court proceeds to trial, where both sides present evidence. The court may also refer the matter to mediation. A Divorce Lawyer India will represent you at each hearing and argue your case based on the evidence of desertion.

The primary document is the divorce petition (Form No. 1 under the Hindu Marriage Rules). Your Contested Divorce Lawyer India will also prepare an affidavit of evidence, a list of witnesses, and a list of documents. Supporting documents include the marriage certificate, proof of residence, correspondence between the parties (if any), and evidence of the period of desertion (e.g., proof of separate residence, bank statements, or witness statements). A Divorce Lawyer India will ensure all forms are properly verified and filed.

To file a contested divorce on desertion, you must be a Hindu (including Buddhist, Jain, or Sikh) married under the Hindu Marriage Act, 1955. The desertion must have been continuous for at least two years immediately before filing the petition. The desertion must be without reasonable cause and without your consent. You must not have condoned the desertion. A Contested Divorce Lawyer India will assess whether your facts meet these legal requirements before advising you to proceed.

The duration of a contested divorce proceeding depends on the court's caseload, the respondent's response, and the complexity of evidence. The process includes filing, service of notice, written statement, mediation, framing of issues, trial, and final arguments. No specific time estimate can be given. Your Contested Divorce Lawyer India will keep you informed of each stage as it progresses.

Court fees for a contested divorce petition vary by state. Below is an indicative table of court fee stamps applicable in some states (subject to change):

These are government-prescribed court fees only. Advocate fees are separate and should be discussed directly with your Contested Divorce Lawyer India.