Can Wife File For Divorce If Her Husband Missing Since Last 2 Years

Divorce is a legal process that terminates a marriage or marital union. It involves the dissolution of the bonds of matrimony, bringing an end to the legal responsibilities and obligations between spouses. Divorces are typically governed by family law, and the specific procedures and requirements vary depending on the jurisdiction. 

Divorce may address various issues such as division of assets and debts, child custody and support, alimony or spousal support, and other related matters. It is often a complex and emotionally challenging process that requires legal representation and careful consideration of the involved parties' rights and interests.

Desertion: a Ground for Divorce

Desertion is a common ground for divorce in many jurisdictions. It refers to a situation where one spouse abandons the other without a reasonable cause, with the intention of ending the marital relationship. Desertion is generally seen as a breach of marital obligations and can be a valid reason for seeking a divorce.

To establish desertion as a ground for divorce, certain elements must typically be proven. These elements may vary depending on the jurisdiction, but they generally include-

  • Absence- The spouse alleging desertion must show that the other spouse has been absent for a specific period of time, usually ranging from several months to a year or more. The duration of the absence required may differ based on local laws.
  • Intent- It is crucial to demonstrate that the absent spouse left with the intention to end the marriage. This requires proving that there was an intention to abandon the marital relationship permanently.
  • Without Reasonable Cause- The spouse claiming desertion must show that the abandonment was unjustified and without reasonable cause. In some cases, valid reasons such as domestic abuse or adultery may negate the claim of desertion.
  • Lack of Consent- Desertion typically implies that the abandonment was against the consent or wishes of the spouse remaining in the marital home.

Judicial Pronouncements

  • In the case of Suman Kapur v Sudhir Kapur, the Supreme Court ruled that the absence of the deserting spouse for an extended period, without any reasonable cause, and without the consent or against the wishes of the other spouse can constitute desertion as a ground for divorce. It further clarified that desertion is a continuous act and the aggrieved spouse can file for divorce after the statutory period of separation.
  • In the case of Naveen Kohli v Neelu Kohli, the Supreme Court observed that desertion is a wilful act showing a clear intention to abandon the marital relationship. It emphasized that desertion cannot be presumed merely from the fact of separation, and the deserted spouse must establish the intention to bring cohabitation permanently to an end.

Role of Lawyers

Lawyers play a crucial role in helping individuals obtain a divorce on the grounds of desertion. There are some key ways in which lawyers can assist-

  • Legal Advice and Guidance- Family law attorneys have expertise in divorce proceedings and can provide personalized advice based on the specific circumstances of the client. They can explain the legal requirements for proving desertion, assess the strength of the case, and guide the client on the best course of action.
  • Evidence Gathering- Proving desertion requires presenting evidence to support the claim. Lawyers can assist in collecting and organizing relevant evidence, such as communication records, witness testimonies, or other documentation that demonstrates the absence of the spouse and their intention to end the marriage.
  • Court Representation- If the divorce case goes to court, lawyers can provide representation and present arguments on behalf of their client. They are familiar with courtroom procedures and can present the evidence effectively, cross-examine witnesses, and make persuasive legal arguments to support the claim of desertion.
  • Legal Strategy and Settlement Options- Lawyers can develop a legal strategy tailored to the specific circumstances of the case. They can explore various options for settlement, such as negotiating a favourable divorce agreement or pursuing alternative dispute resolution methods like mediation or collaborative divorce, depending on the preferences and goals of the client.

You will need the help of lawyers to help you get a divorce on the grounds of desertion. If you need the help of lawyers for your Court Marriage In Faridabad after your divorce proceeding is complete, then lawyers in Faridabad can be hired, and if you need the help of lawyers for your Court Marriage In Chennai after your divorce proceeding is complete, then lawyers in Chennai can be hired. Similarly, lawyers in Delhi can be employed if you need the help of lawyers for your Court Marriage In Delhi after your divorce proceeding is complete.

At Lead India, one can consult and talk to a lawyer for any kind of legal consultation. They can get free legal adviceonline as well as ask a legal question online for free to lawyers from Lead India.

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