In India the concept of marriage is divine; it is believed that marriages are made in heaven, suggesting that the union of two individuals is predestined and guided by a higher power. While many cherish the idea that marriages are preordained, others believe that successful marriages are a result of mutual effort, understanding, and compromise rather than fate alone.
Divorce laws in India are governed by personal laws based on religion, along with the Special Marriage Act, 1954. While mutual consent divorce is more common, situations may arise where one spouse seeks a divorce without the other’s consent.
Now, there is a simpler option available called one-side divorce. This means only one partner needs to agree to end the marriage. It’s helpful for people who can’t get both partners to agree. This article explains how it works in India.
This article delves into whether a one-sided divorce is possible in India, the legal provisions, and the process involved.
What Is a One-Sided Divorce?
Divorce without mutual consent is called unilateral divorce or one-sided divorce it happens when one person decides to end their marriage legally without needing the consent of another partner . In India, this is referred to as a contested divorce.
Legal Provisions for One-Sided Divorce in India
Under Indian law, the following acts govern divorce based on personal laws:
- Hindu Marriage Act, 1955 – Applicable to Hindus, Buddhists, Sikhs, and Jains.
- Muslim Personal Law (Shariat) Application Act, 1937 – Governs Muslims.
- Christian Divorce Act, 1869 – Applicable to Christians.
- Parsi Marriage and Divorce Act, 1936 – For Parsis.
- Special Marriage Act, 1954 – For interfaith marriages.
Each act lays out specific grounds under which one spouse can file for a contested divorce.
Legal Grounds for One Sided Divorce in India
If one partner either wife or husband, faces physical or mental cruelty from the other partner , He or She can ask for a one sided divorce without the consent of the other partner . As per sec 13(1)(ia) of Hindu marriage Act 1955 it is allowed if one partner treats the other partner with cruelty (like constant harassment, hurtful and abusive words, domestic violence, or emotional manipulation etc ) He or She can file divorce without mutual consent.
1. Sexual Adultery
If one spouse has sexual intercourse outside of marriage with any other person (equally applies to both husband and wife), it’s considered adultery, which can be a reason for divorce under the Hindu Marriage Act. But you have to prove the Sexual Adultery it in court.
2. Domestic Violence
Domestic violence is a serious offence and can really harm relationships for both husband and wife. The Protection of Women from Domestic Violence Act of 2005 says if someone is facing physical, emotional, sexual, or financial abuse from their spouse, they can seek legal help, including divorce without mutual consent.
3. Desertion For Two Years
Desertion means when one partner leaves the company of another partner without the consent of another partner , To use desertion as a reason for one sided divorce, the partner must be gone for at least two years. If one partner leaves the other partner without taking care of their duties at home, the other spouse can file for a one -sided divorce based on desertion.
4. Conversion to Another Religion
If one partner ceased to be a Hindu by conversion to another religion other partner can file one sided divorce
5. Mental Disorder
If one party has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the other party cannot reasonably be expected to live with the him
In such challenging situations, consulting a hiring a top divorce lawyer for your case ensures the right guidance and legal support to file for one-sided divorce effectively under these grounds.
How to File for Divorce Without Mutual Consent?
Filing for divorce without mutual consent involves a legal process known as a contested divorce. This procedure allows one spouse to seek termination of the marriage on valid grounds such as cruelty, adultery, or desertion. Hiring an experienced divorce lawyer ensures a smoother experience during this challenging time.
Step 1: Hiring A Lawyer
Before you start a one sided divorce process, it will be in the fitness of things to talk to a Lawyer. They can help you understand how one-sided divorce works and what rights and duties you have in your case.
Step 2: Legal Grounds for Divorce
To file a one sided divorce you must have reasons like desertion, cruelty, domestic violence, or cheating etc, you need to know exactly what these grounds are. Then, you need to gather the evidence like photos , videos , recordings , witness etc .
Step 3: Drafting The Petition
Work closely with your Lawyer to draft your divorce petition, put all relevant information, date of marriage, place of marriage , details of children if any , as well as grounds for separation /divorce etc .
Step 4: Filing of Petition
Divorce Petition will be filed in the family court in which either spouse resides or where your marriage took place. Make the required court fees payment and submit any supporting documentation necessary with your petition.
Step 5: Court Proceedings
Attend the scheduled court proceedings with your advocate and advance your arguments in favour of your case . In response to any inquiries or objections raised by opposing parties, substantiate your claims with supporting evidence.
Frequently Asked Questions
1) Can I Get Divorced Without My Spouse’s Consent in India?
According to Indian law, divorce may take place even without consent from other spouse if certain grounds for it have been met – these include adultery (cruelty), desertion, or mental disorder as examples of grounds.
2) What Is The Time Period For Getting Divorce With One Party?
Many factors can determine the duration of one-sided divorce proceedings in India, including the degree of cooperation among parties involved, workload at court, and complexity of the case – typically several months to years, depending upon these variables.
3) Is mutual consent faster than a one-sided divorce?
Yes, mutual consent divorces are typically faster, often concluding within six months to a year.
4) Does One-Sided Divorce Require Court Attendance?
As the petitioner it may be necessary for you to appear before the court at scheduled hearings and proceedings in order to successfully secure it.
5) What Should I Do If My Spouse Contests My Divorce Petition?
Should your spouse contest your petition for divorce, the court will conduct proceedings to assess all evidence presented and make its determination on its merit. While such opposition could delay proceedings temporarily, rest assured that once decided upon, an equitable and just divorce decree will be approved and delivered.
6) Can I Remarry After Receiving a Unilateral Divorce Decree from the Court?
You do have full rights to remarry after getting one sided divorce ruling by the courts; however it’s essential that patience be practiced until both your divorce process has completed and any appeal period for said process has expired
Conclusion
While one-sided divorces, or contested divorces, are possible in India, they are often complex and time-consuming. Understanding the grounds, legal provisions, and procedures involved is crucial for a successful outcome. If certain conditions in laws (like the Protection of Women from Domestic Violence Act OR The Hindu marriage Act ) are met, people can start the process without needing both parties to agree. If you find yourself in such a situation, consulting an experienced legal firm can provide the guidance and support you need to navigate the process effectively.
