Can I Get a Divorce After a Two-Year Desertion by My Wife?
The experience of a marriage ending due to your wife's desertion can be challenging and complex, particularly when you want to initiate legal proceedings to dissolve the marriage. Legal processes and requirements can vary widely depending on the jurisdiction, making it crucial to understand the specifics of your case and the available options. Here's a detailed guide to help you navigate through this situation.
Understanding Your Legal Rights and Options
If your intention is to dissolve your marriage, you can certainly initiate legal proceedings in the district or family court of your jurisdiction. Engaging a family law-practicing lawyer who specializes in the relevant personal law is highly recommended. They will be able to provide you with professional guidance and assistance in formulating the necessary legal actions.
Grounds for Contesting a Divorce
If your wife is not willing to agree to a divorce by mutual consent, you can pursue a contested divorce in India. One of the valid grounds for a contested divorce is desertion. This implies that you must demonstrate that your wife has left you without reasonable cause and has not resumed conjugal relations with you for at least two years.
Proof of Desertion
To succeed in your contested divorce on the grounds of desertion, you will need to provide evidence to support your claim. This evidence could be in the form of written records, communication logs, witness statements, or any other relevant documentation that validates your wife's continued absence from your life. The quality and thoroughness of your evidence can significantly impact the outcome of your case.
Legal Requirements and Procedures
According to the Hindu Marriage Act 1955 and the Special Marriage Act 1954, a period of desertion for two years or more is a valid ground for divorce. In the UK, if you and your wife live apart for two years, and you can both agree to the divorce, you can proceed with it through the legal system. However, if your wife disagrees, you would need to wait for at least five years before initiating a divorce without her consent.
Strategies for Successfully Pursuing Your Case
1. Documentation: Gather and document all evidence showing that your wife has deserted you. This could include letters, emails, legal documents, and witness statements.
2. Legal Support: Engage a family law lawyer who is well-versed in the relevant legal statutes and can provide strategic advice throughout the process.
3. Presenting Your Case: Prepare your legal arguments and present them clearly in the court. Ensure that you have a coherent and well-documented timeline of events leading to the desertion.
Final Thoughts
While the process of seeking a divorce due to desertion is challenging, understanding your legal rights and the steps involved can help facilitate a smoother journey. Consulting a professional and gathering the necessary evidence will be instrumental in your pursuit of a divorce.