Can You Get A Divorce If Your Husband/Wife Abandons You?

Can You Get A Divorce If Your Husband/Wife Abandons You?

Not before 1976, but now you can.

When your partner abandons or leaves you without any valid justification, you can get a divorce on the ground of desertion.

Desertion means abandoning the other spouse without their consent and without any valid cause. It means to withdraw from marital obligations.

Desertion was only a ground for judicial separation but an amendment in Hindu Marriage Act in 1976 made it a ground for divorce too.

How do you prove desertion in marriage?

The essentials of desertion include

  • Factum of separation
  • Animus deserendi, Intention to separate
  • Without a reasonable cause
  • Without the consent of deserted partner
  • Statutory period of 2 years has passed

What is the desertion period for divorce?

If a party is abandoned for a period of two years, it allows that party to file for a divorce.

Various personal laws under which Desertion is ground for divorce

 

This article is written by Varsha. You can reach out to the author via email at bnbvarsha@gmail.com.