Is One-Sided Divorce Possible In India?

What Is One Sided Divorce in India?
Legal Grounds for One Sided Divorce in India
How to File for Divorce Without Mutual Consent?
Conclusion
Frequently Asked Questions About Article

Divorces in India used to be hard because both partners had to agree. This was tough when they couldn’t work things out. But now, there’s a simpler option 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 and answers common questions about it. This article details its legal basis in India as well as procedures and FAQs related to one-sided divorce in this regard.

What Is One Sided Divorce in India?

One-sided divorce, also known as divorce without mutual consent or unilateral divorce, happens when one person decides to end their marriage legally without needing them inform/agree. Before, both partners had to be there for the divorce to happen.

Legal Grounds for One Sided Divorce in India

In India, if one person faces either husband/wife physical or mental cruelty from their spouse, they can ask for a one side divorce even if the other person doesn’t agree with the decision. In the Hindu Marriage Act of 1955, section 13(1)(ia), allows That. Mistreatment like constant harassment, hurtful/abusive words, domestic violence, or emotional manipulation can lead to divorce without mutual consent. It’s important to address these issues when seeking a one-sided divorce.

1. Domestic Adversity

Spousal violence is a serious violation of rights and can really harm relationships for both husband and wife. The Protection of Women from Domestic Violence Act of 2005 says if someone facing physical, emotional, sexual, or financial abuse from their spouse, they can seek for legal help, including divorce without mutual consent. If there’s enough proof showing how it hurts the marriage, one sided divorce can be granted just because of domestic abuse.

2. Sexual Adultery

In India, if one spouse has an affair outside of marriage (This applies to both husband and wife), it’s considered adultery, which is a reason for divorce under the Hindu Marriage Act. But you have to prove it in court, you need solid evidence of the affair happening.

3. Desertion Occurs

Desertion happens when one partner leaves the marriage without the agreement of both people, according to the Hindu Marriage Act. To use desertion as a reason for one sided divorce, the partner must be gone for at least two years. If one partner leaves without taking care of their duties at home, the other spouse can file for one sided divorce based on desertion.

Step 1: Consultation With An Attorney

Before you start the one sided divorce process, it’s a good idea to talk to a family law lawyer. They can help you understand how one-sided divorce works and what rights and duties you have in your case.

Step 2: Divorce Grounds

To file for divorce based on reasons like desertion, cruelty, domestic violence, or cheating, you need to know exactly what these are. Then, you gather evidence like papers and what people say to support these claims.

Step 3: Formulate The Petition

Work closely with an attorney to draft your divorce petition, detailing all relevant information, such as grounds for separation and marriage/divorce details, as well as information pertaining to both party and any children that might be involved.

Step 4: Petition Filing

To file for divorce in the family court in which either of your spouse’s 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 and advocate in your favor in front of the magistrate. In response to any inquiries or objections put forth by opposing parties, substantiate your claims with supporting evidence.

Conclusion

One-sided divorce in India is now a choice for people stuck in bad or abusive marriages, giving them a way to legally separate and find a better future. 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.

Frequently Asked Questions About Article

According to Indian law, divorce may take place even without consent from either spouse if certain grounds for it have been recognized – these include adultery (cruelty), desertion, or mental disorder as examples of grounds.

What Is The Indian Duration For Divorcing 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.

Does A Single-Sided Divorce Require Court Attendance?

As the petitioner in your divorce action, it may be necessary for you to appear before the court at scheduled hearings and proceedings in order to successfully secure it. For this to occur successfully, all court directives and instructions from both you and your lawyer must be strictly observed to guarantee its completion.

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 still be approved and delivered.

Can I Remarry After Receiving a Unilateral Divorce Decision from the Court?

You do have legal grounds to remarry following an unilateral 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 so as to navigate any potential legal complications smoothly, providing for a secure future relationship.