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
- Section 13(1)(ib) of Hindu Marriage Act, 1955
- Section 22 of Indian Divorce Act, 1869
- Section 27 of Special Marriage Act, 1954
- Section 32 of Parsi Marriage and Divorce Act, 1936
This article is written by Varsha. You can reach out to the author via email at bnbvarsha@gmail.com.
