Contested- one side divorce from wife

449 votes

Yes, under certain circumstances, it may be possible to obtain a divorce in India on the grounds of the wife's refusal to have sexual intercourse with the husband. This falls under the category of cruelty as a ground for divorce under Section 13(1)(ia) of the Hindu Marriage Act (HMA).

However, it is important to note that a single instance of refusal to have sexual intercourse may not be considered sufficient grounds for divorce. The refusal must be a persistent and deliberate act that has caused mental and physical cruelty to the husband, making it impossible for him to continue living with his wife.

To establish this ground for divorce, you will need to provide evidence of your wife's persistent and willful refusal to have sexual intercourse with you. This evidence may include medical reports, witness statements, and any other relevant documentation.

To file for a contested divorce in a family court in India on the basis of cruelty as per the Hindu Marriage Act (HMA), you can follow these steps:

1. Consult a lawyer: The first step is to consult a lawyer who specializes in family law matters. They can guide you through the process and help you understand your legal rights and options.

2. Draft and file the petition: Your lawyer will help you draft a petition for divorce on the grounds of cruelty under Section 13(1)(ia) of the HMA. The petition should include details such as the date of marriage, the instances of cruelty, and any attempts at reconciliation.

3. Serve notice to your spouse: Once the petition is filed, your spouse must be served with a copy of the petition and a notice of the court hearing. Your lawyer will handle this process.

4. Attend court hearings: The court will schedule hearings where both parties will be heard. You will need to attend these hearings along with your lawyer.

5. Provide evidence: You will need to provide evidence to prove that your spouse has been subjecting you to mental and/or physical cruelty. Evidence can include medical reports, witness statements, or any other relevant documentation.

6. Cross-examination: During the court hearings, your spouse's lawyer will cross-examine you and any witnesses you have provided to support your case. You will also have the opportunity to cross-examine your spouse and any witnesses they have provided.

7. Final judgment: If the court is satisfied that you have met the requirements for divorce on the grounds of cruelty, it will grant the divorce decree. If not, the court may dismiss the case.

Divorce proceedings can be complex and stressful, and it is essential to have an experienced lawyer by your side to protect your interests and ensure that your rights are safeguarded throughout the process. It is important to note that the divorce process can be complex and time-consuming. 

LawRato LawRato

880 votes

There is no issue u can file contested divorce on merit and get relief from the the party this is the only solution in your case otherwise mutual is option but she already denid by her so approach tot

Advocate Akhil Verma LawRato

711 votes

If she is not giving u mutual divorce,You can file the contest divorce and get the divorce from family court. You can mention the problems you are having in your marriage in divorce petition . *********

Advocate Shalini Sharma LawRato

971 votes

IF SHE IS GIVING REASON TO NOT LEAVE YOU ONLY THAT SHE DON'T HAVE ANY OTHER PLACE TO GO ,ASK HER FOR HER ANY DEMAND SO IT CAN BE PERFORMED MUTUALLY .IF YOU HAVE ANY OTHER REASON FOR DIVORCE FROM YOUR WIFE PLZ FREE TO CONTACT ME.

THANK YOU

Advocate Poonam Sharma LawRato

536 votes

hello
as per you said that it was love marriage and you want divorce. and she is not ready for mutual divorce so we have to look into other things also. need to talk to you for more information to look into other solutions

Advocate Naresh Kumar LawRato

508 votes

If the wife is not ready for mutual divorce you can go for one sided divorce on cruelity basis. It will be filed under section 13 l i(a)of HMA. Also there are various other basis in HMA that you can opt for filing of one sided divorce. Also it can be a reason that you are not having any relation , communication with each other for past 1 Nd half year can be a reason for divorce . It is mentally harassing you on regular basis and living in same house with no intraction and communication with each other.

Advocate Meenakshi Aggarwal LawRato

456 votes

Contested or One-Sided Divorce in India:

1. Understanding Contested Divorce:
   • A contested divorce occurs when one spouse seeks a divorce without the consent of the other spouse.
   • It often involves disputes over issues like property division, child custody, alimony, and more.
2. Grounds for Divorce:
   • In India, you can file for divorce under various grounds, including cruelty, desertion, adultery, or separation for a specified period.
3. Legal Process:
   • To initiate a contested divorce, you must engage a divorce lawyer who will file a divorce petition on your behalf.
   • The petition will outline the reasons for seeking a divorce and the specific grounds under which it's being filed.
4. Summon Served to Spouse:
   • Once the divorce petition is filed, the court will issue a summons to your spouse, notifying them of the divorce proceedings.
5. Court Proceedings:
   • The court will conduct hearings where both parties present their arguments and evidence.
   • The court may attempt reconciliation through mediation or counseling.
6. Judgment:
   • If reconciliation fails, and the court is satisfied with the grounds presented, it may grant a divorce decree.
7. Challenges in Contested Divorce:
   • Contested divorces can be lengthy and emotionally draining.
   • Disputes over property, alimony, child custody, and other issues may require legal resolution.
8. Legal Representation:
   • It is advisable to engage an experienced divorce lawyer who can guide you through the legal complexities of a contested divorce.
9. Seeking Mediation:
   • In some cases, couples may opt for mediation or settlement discussions to resolve their differences amicably, avoiding prolonged court battles.
10. Final Decree:
    • Once the court issues a final divorce decree, the marriage is legally dissolved.

Remember that divorce laws and procedures may vary depending on the religion and personal circumstances of the parties involved. Consulting with a qualified divorce lawyer is crucial to understand the specific requirements and options for your situation.

Advocate Chikirsha Mohanty LawRato

235 votes

According to the Hindu Marriage Act of 1955, a one-sided divorce may be granted on the grounds of cruelty, adultery or desertion. Other grounds include mental illness, communicable disease, cruelty, adultery and conversion.

Advocate Chikirsha Mohanty LawRato