How Can One Prove Abandonment in a Marriage?

In legal proceedings related to divorce or separation, abandonment (or desertion) refers to one spouse intentionally leaving the other without reasonable cause and without the intent to return, and without consent. Proving abandonment is crucial in cases where one spouse seeks divorce or legal separation based on desertion. Here’s how abandonment can be proven under Indian law:

Definition of Abandonment:

Abandonment/Desertion in a marriage refers to the act of one spouse willfully leaving the other spouse without consent and without justifiable cause, and not returning. It also requires that the spouse leaving the marriage does not provide any support, and the separation continues for a specified period. According to Section 13(1)(b) of the Hindu Marriage Act, 1955, desertion is a ground for divorce, and it must be proven that the spouse has been absent for at least two years without reasonable cause.

Key Elements to Prove Abandonment:

Physical Separation: The first element of abandonment is the physical separation of the spouses. This means one spouse must leave the marital home or refuse to cohabit without any intention of returning.

Intention to Abandon: It must be shown that the leaving spouse had an intention to abandon the marriage permanently. This can be inferred from actions such as refusing to communicate or express any desire to resume cohabitation.

No Justifiable Cause: The abandonment must occur without a reasonable or justifiable cause, such as a legitimate reason for separation (e.g., employment, medical needs, or family obligations). For example, if a spouse leaves for work or for a temporary period but intends to return, it is not considered abandonment.

Continuous Absence for a Specific Period: Under the Hindu Marriage Act, desertion must have occurred continuously for a period of at least two years. In other personal laws (such as the Muslim Personal Law), the period for desertion may differ, but prolonged absence without support is key.

Evidence Required to Prove Abandonment:

Testimonies and Witness Statements: The deserted spouse may present witness statements from family members, friends, or neighbors who can testify about the physical separation and the absence of the spouse from the home.

Communication Records: Letters, emails, text messages, or phone records can show the lack of contact or any attempt by the spouse to continue the relationship.

Police Reports: In some cases, the deserted spouse may file a police complaint regarding the spouse’s disappearance, which can act as evidence of the abandonment.

Medical and Financial Evidence: Proof that the abandoning spouse ceased to support the family financially or emotionally (e.g., ceasing to provide money, no longer supporting children, etc.) can also be used to establish abandonment.

Legal Process for Proving Abandonment:

File for Divorce or Judicial Separation: The deserted spouse can file for divorce or judicial separation in a family court on the grounds of desertion. During this process, they will need to provide evidence of the spouse’s abandonment.

Burden of Proof: The burden of proof lies on the spouse claiming desertion. The deserted spouse must show that the other spouse left voluntarily without reasonable cause and did not intend to return.

Court’s Evaluation: The court will evaluate the evidence, including testimonies, communications, and the duration of abandonment. If the court is satisfied that the desertion criteria are met, it may grant a divorce or judicial separation based on abandonment.

Impact of Proving Abandonment on Divorce:

If abandonment is proven, the deserted spouse can file for divorce under Section 13(1)(b) of the Hindu Marriage Act, 1955, or equivalent provisions under other personal laws. The court may grant a divorce on the grounds of desertion after the required period of abandonment.

Alimony or Maintenance: In some cases, the deserted spouse may be entitled to alimony or maintenance even if desertion is proven. This depends on the circumstances and the income of both spouses.

Custody of Children: If there are children involved, abandonment may also influence the custody decisions. The deserted spouse may be favored in custody matters, as desertion can be seen as an unwillingness to fulfill parental responsibilities.

Example

Suppose Ravi and Priya were married for five years, and Priya suddenly left the marital home without informing Ravi or attempting to contact him. She did not return despite repeated attempts by Ravi to communicate. After two years of separation with no justification from Priya, Ravi files for divorce on the grounds of desertion.

To prove abandonment, Ravi presents:

• Witness statements from neighbors and friends, stating that Priya left without any communication or reason.
• Text messages and call records showing that Priya did not respond to Ravi’s repeated efforts to reconnect.
• Police records showing that Priya was untraceable for over two years.

Based on this evidence, the court may grant a divorce under the grounds of desertion, as the abandonment was without cause and continued for the required period.