Desertion is one of the criteria of contesting divorce in India. Previously, it was grounds for only judicial separation, but today, it is grounds for both divorce and judicial separation.
When a spouse walks out on a marriage, it implies walking away from children of the marriage, as well. In some states, this predicament is called as desertion and in some others as ‘abandonment’. In both cases, this situation qualifies as grounds for divorce in states that allow fault based divorces. Divorce lawyers in Chandigarh will help define what the grounds of divorce are.
• What is desertion? Several factors impinge on the legal definition of desertion in different states. Though the legal terminology of desertion varies from state to state, it is commonly a situation where a spouse leaves his family with intent to end his marriage.Advocate for divorce will identify the criterion.
Desertion also implies considerations of time period, as well. There might be requirement of absence of spouse for one year or more to qualify legally as a case of desertion. Some states also require the abandoned spouse to make efforts for reconciling with the other, but only to be rejected. But this does not apply to other states. Divorce procedure in Chandigarh also has unique criteria.
• Desertion and custody: When a spouse leaves his entire family and abandons the children with the other, it is a case for ‘de facto’ custody. This implies that the custody of the children go to the abandoned parent, because of the circumstances. De facto custody is not ordered by courts but is created by circumstances. The parent who has de facto custody can use the condition to file for divorce and request for temporary custody of children while there is pending of divorce. As per the decree, a temporary custody can turn into a permanent custody.
• Desertion implies non- payment of support: Deserting the children of a family also implies refusal of the person to provide for child support as well as maintenance for the family. Though you have to wait for a day or two before contesting divorce on the grounds of desertion, you can request for a temporary order for child support till divorce is filed. Divorce procedure in Chandigarh will help you with any such problem.
• Termination of parental rights: In acute cases, a parent can request the court to terminate parental rights of the spouse who abandoned the family. He must be declared unfit. This must involve proving that he has not been providing for the family and has not wanted to or established contact with his children, for a long time.
• NRI desertion: Many Non Resident Indians (NRI’s) come to India to marry local girls who aspire to go abroad. But official formalities do not permit the relocation of the brides. Thus they are abandoned by their NRI spouses.
• Help of lawyers for divorce: The law revolving around divorce and child custody is very complicated. Also, each case has unique facts. Therefore, it is wise to consult a good divorce lawyer.
These are some of the conditions for the allowing of desertion as criterion for granting divorce in India.
Author’s Bio: He is a civil lawyer by profession. He practices in the Chandigarh High court. He has a master’s degree in law from a leading law university. His hobby is to write simple articles on legal issues and contribute to websites like advocateinchandigarh.com