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Ex-parte divorce on the grounds of desertion
13-Oct-2023 (In Divorce Law)
I am a citizen of Canada. I got married in 2013 Jan and my wife immigrated Canada through spouse sponsorship and arrived here in May 2014. She lived for 8 odd months and left for India in February 2015 by citing a fake reason regarding her mother's medical condition. She then ceased all communication with me and soon it will be two years (in March 2017) since she has deserted/abandoned me. Although i am now a citizen of Canada, i want to file divorce in India on grounds of desertion, in order to remarry. Can you please advice what steps should i take and how much time will it take for me to get a divorce.
Prior to give our final opinion we were require some more inputs-
Date of marriage solemnization.
Wedding Invitation card, which was published & served to your family & friends at the time of your marriage.
Photographs of your marriage.
Date of Feb-2015, when she come back India & thereafter what steps had been taken from your end as to restoration of conjugal rights of her. Is there any written communication from your end, like email or letters or any kind of legal notice.
Legal opinion basis on available facts & inputs-
Hon’ble Supreme Court had a view prior to year 2000 wherein some of Divorce had been allowed basis on desertion but later on, no divorce had allowed by the apex court on this point. If at all any lower courts had given this kind of divorce decree that also cancelled by the apex court. Now Hon’ble Supreme court is very strict on the divorce on this ground & ex-parte are not allowed.
If you wanted to take the divorce we can take desertion as one of the ground but it could not be sole ground for availing the divorce & that too ex-parte.
For taking a divorce we should have to show our bonafide intention to the court & some more grounds & facts to the court & than we can proceed further for availing the divorce decree. That might be cruelty, negligence, or post marital affairs of any partner. First of all we have to duly served the notice to the opposite party & than manage the service report of that notice & the issue can be managed for availing ex-parte decree.
Usually courts took 7 to 8 months time for divorce decree where both the parties were  agree for divorce but cases where parties are not ready for divorce time would increased accordingly.
Therefore basis on available facts & circumstances discussed supra, it is advised that you should not insist only on the ground of desertion for taking an ex-parte divorce.
 Regards,
RN Chaturvedi
Date of marriage solemnization.
Wedding Invitation card, which was published & served to your family & friends at the time of your marriage.
Photographs of your marriage.
Date of Feb-2015, when she come back India & thereafter what steps had been taken from your end as to restoration of conjugal rights of her. Is there any written communication from your end, like email or letters or any kind of legal notice.
Legal opinion basis on available facts & inputs-
Hon’ble Supreme Court had a view prior to year 2000 wherein some of Divorce had been allowed basis on desertion but later on, no divorce had allowed by the apex court on this point. If at all any lower courts had given this kind of divorce decree that also cancelled by the apex court. Now Hon’ble Supreme court is very strict on the divorce on this ground & ex-parte are not allowed.
If you wanted to take the divorce we can take desertion as one of the ground but it could not be sole ground for availing the divorce & that too ex-parte.
For taking a divorce we should have to show our bonafide intention to the court & some more grounds & facts to the court & than we can proceed further for availing the divorce decree. That might be cruelty, negligence, or post marital affairs of any partner. First of all we have to duly served the notice to the opposite party & than manage the service report of that notice & the issue can be managed for availing ex-parte decree.
Usually courts took 7 to 8 months time for divorce decree where both the parties were  agree for divorce but cases where parties are not ready for divorce time would increased accordingly.
Therefore basis on available facts & circumstances discussed supra, it is advised that you should not insist only on the ground of desertion for taking an ex-parte divorce.
 Regards,
RN Chaturvedi
Helpful?
43+
43+
Adv. Ramniranjan Chaturvedi
Bhopal | 200+ Answers
CONTACT NOW
being the citizen of Canada you have nob direct rights to approach indian court of law for any remedy. now here you need to breif your entire circumstances in detail for further suggestion and course of action
Helpful?
38+
38+
Adv. Om Shanker Shrivastava
Bhopal | 100+ Answers
CONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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