Can desertion be a ground for divorce?
Can desertion be a ground for divorce?
Desertion as a ground of divorce is given under Section 13(1)(ib) of Hindu Marriage Act, 1955. According to this section the decree of divorce can be granted if one party has deserted the other party for a continuous period of not less than two years immediately preceding the presentation of the petition.
Is desertion a ground for divorce in India?
Section 13(1) (ib) of the Hindu Marriage Act, 1955 deals with desertion as a ground for divorce and the explanation of the same reads: “The expression “desertion” means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent of or against the wish of such …
What are grounds for desertion?
Criminal desertion is a husband’s or wife’s abandonment or willful failure without JUST CAUSE to provide for the care, protection, or support of a spouse who is in ill health or necessitous circumstances. Desertion, which is called abandonment in some statutes, is a DIVORCE ground in a majority of states.
What if Husband Denies divorce in India?
if your husband is deny the divorce and he is not come in the court and he refused the divorce to him then you have to lodge a complaint against your husband for maintenance.. and. complaint in the police station for under section 498 a? and pressure to your husband for divorce.
What is the law of desertion in divorce in India?
The Hindu Marriage Act of 1955 under Section 13 incorporates various grounds for divorce. Among those, is a ground of ‘ desertion ‘ given under clause (1) (i) (b) of section 13. Desertion as a ground for divorce was added via an amendment to the Hindu Marriage Act in 1976.
What are the legal grounds for divorce in India?
Let’s start by knowing the legal grounds for divorce in India: Indian Divorce Act, 1869 governs the divorce procedure for Christians. Hindu Marriage Act, 1955 for Hindu, Jains, Buddhists, and Sikhs. Parsi Marriage and Divorce Act, 1936 is followed for divorce procedure in Parsi couples.
What is desertion under Section 13 of the Hindu Marriage Act 1955?
Section 13 of the Hindu Marriage Act 1955 deals with the various grounds of divorce. Among these grounds, desertion is also an important ground which is given in Section 13 (1) (iii). It actually means when a party to the marriage permanently leaves the other party without any valid reason and without the consent of another party.
When to file a divorce on the grounds of desertion?
In simple words, it says that a petition for divorce on the grounds of desertion shall be filed when one spouse has been deserted for a continuous period of two years. So, after the prescribed statutory period elapses a Petition can be filed in the court. The act further added an explanation in 1976 for the better deciphering of the term Desertion.
