One-sided divorce in India is possible under specific legal grounds. Learn about the process, required documents, and how to file for divorce without mutual consent.
Divorce in India used to be difficult because both partners had to agree. This made it hard for those who could not settle their differences. However, the law now allows for a one-sided divorce, meaning one partner can end the marriage even if the other does not agree. This type of divorce is also called unilateral or divorce without mutual consent. This article explains the legal grounds for one-sided divorce, the process, and other important details.
What Is One-Sided Divorce in India?
One-sided divorce happens when one partner legally ends the marriage without the other person’s agreement. In the past, both spouses had to be involved in the process.
Legal Grounds for One-Sided Divorce in India
According to the law, a person can file for a one-sided divorce under specific conditions. Some of the major reasons include:
Cruelty – If a spouse is physically or mentally abusive, the other person can seek divorce. Consulting a divorce advocate in Bangalore can help you understand your legal options and take the necessary steps to protect yourself. This includes constant harassment, hurtful words, domestic violence, or emotional manipulation. Such acts harm a person’s well-being and are considered valid reasons for divorce under the law.
Domestic Abuse
If someone is facing physical, emotional, sexual, or financial abuse from their spouse, they can seek legal help. Domestic abuse is a serious matter that can affect both men and women.
Adultery
If a spouse is involved in an affair outside the marriage, it is considered adultery. This is a legal reason for divorce. However, the person filing for divorce must provide strong evidence of the affair in court.
Desertion
If one spouse leaves the marriage without the consent of the other and does not return for at least two years, the abandoned partner can file for divorce.
How to File for Divorce Without Mutual Consent
Step 1: Consult a Lawyer
Before starting the divorce process, it is best to talk to a family lawyer. They will explain the process and your rights.
Step 2: Identify the Grounds for Divorce
To file for divorce, you need to have a valid reason, such as cruelty, adultery, desertion, or abuse. Gather evidence like documents or witness statements to support your claim.
Step 3: Prepare the Divorce Petition
Work with a lawyer to draft the petition. This document includes details about the marriage, the reason for divorce, and any information about children, if applicable.
Step 4: File the Petition
Submit the petition to the family court in the area where you or your spouse live or where the marriage took place. Pay the required court fees and attach any supporting documents.
Step 5: Attend Court Hearings
After filing the petition, you must attend court hearings. The judge will review the case, ask questions, and listen to both sides.
Conclusion
One-sided divorce in India provides a legal option for those in unhappy or harmful marriages. It allows people to leave toxic relationships and move forward. If the conditions under the law are met, a person can file for divorce even if their spouse does not agree. This legal provision offers a way for individuals to find peace and a better future.