One Sided Divorce and its Process in India

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Concept of One Sided Divorce

One-sided divorce in India is a divorce petition filed by one spouse without the consent of the other. It is also known as contested divorce. In these cases, either the husband or wife approaches the court seeking a decree of divorce on the grounds provided under law.

Can Divorce be One Sided?

Yes, a divorce can be one-sided if only one of the spouses wants to end the marriage, while the other does not. The law in India recognises this issue and therefore provides for a set of grounds on which a court can grant you divorce even against the wishes of your spouse.

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Grounds for One Sided Divorce

Although the exact grounds for divorce may vary depending upon the laws applicable to you, the following represent the widely accepted grounds on which a petition for one-sided divorce can be filed in India:

Adultery - the word ‘adultery’ means the act of engaging in sexual relations outside marriage and forms a valid ground for divorce.

Cruelty - the term cruelty is given a wide meaning in law to cover all forms of cruelty, be it physical, mental, psychological or emotional. This is one of the most widely accepted grounds for obtaining a decree of divorce in India.
Mental disorder - in case your spouse suffers from some incurable form of mental disorder, making it unreasonable for you to continue with the marriage, you may file for divorce.
Conversion - you can file for divorce if your spouse converts to a different religion after marriage.
Renunciation of the world - this ground covers cases where one spouse renounces the world to enter a holy order and in doing so, abandons his/her married life and marital obligations.
Venereal disease - If a spouse suffers from a serious disease which is easily communicable, his or her spouse can file for divorce on this ground.
Presumption of death - If a person has not been heard from or seen to be alive for at least over 7 years, he/she may be presumed to have died. Such presumption of death is a valid ground for his/her spouse to file for divorce.
Desertion - If a person deserts their spouse and essentially withdraws from their life without any reasonable cause, it gives such spouse a ground to seek divorce.

In order to understand on which grounds you can file your contested divorce, it is recommended to take the help of LawRato to hire a top rated divorce lawyer. You can also seek free legal advice from seasoned divorce/matrimonial lawyers from among our extensive network of lawyers.

One Sided Divorce Process

The process for seeking divorce may vary depending upon the laws applicable to you, however the following are the major steps involved in this process:

Step 1 - Engage a lawyer

The first step is to engage the services of an experienced divorce lawyer who can provide you thorough advice based on your facts and circumstances, and secure your interests. You can hire the right lawyer through LawRato’s dedicated portal which helps you navigate through the complexities involved.

Step 2 – Drafting and filing of the divorce petition

The next step is drafting a petition for divorce. This petition covers the facts of your case and the grounds on which you seek divorce. It is filed before the family court of appropriate jurisdiction and notice is served to the other spouse by the court.

Step 3 – Appearance before court and attempts at settlement

In most cases, the court may try to resolve the differences between a couple through conciliation and/or settlement talks.

Step 4 – Completion of pleadings

If the settlement talks fail, the spouse who is opposing the divorce, is required to file his/her reply to the divorce petition. The party who filed the divorce petition may then choose to file a reply to the respondent’s version.

Step 5 – Trial

After completion of pleadings, the court has the complete set of facts before it with the versions of both parties. The court then proceeds to trial, which includes leading evidence, cross examination and then final arguments on all issues.

Step 6 – Judgement

Once the trial has concluded, the court considers the case and decides whether a decree of divorce is to be granted or not. After finalising, the court pronounces its judgement and passes a divorce decree if it deems fit.

The party which is not satisfied with the decree can file an appeal before a superior court of law. Therefore, a one-sided divorce process can be time consuming and costly, often lasting many months/years.

Documents Required For Contested or One Sided Divorce

- Identity proof of both parties,
- Proof of marriage such as marriage certificate and/or pictures of the wedding ceremony,
- Documents and/or evidence in support of the ground(s) on which divorce is filed.

In addition to the above, other documents may be required depending upon the facts of each case.

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One-sided divorce litigation can be a very difficult, time-consuming and complicated process and is required to be handled with a lot of care and expertise. Therefore, hiring an experienced lawyer is the best way to get peace of mind when dealing with divorce cases which we at LawRato can help secure.

Frequently Asked Questions (FAQs)

Q. Can I get free legal consultation for contested divorce?
A. Yes, you can post a query on LawRato and ask for free legal advice from the top-rated divorce lawyers in your city.

Q. Where is one sided divorce filed?
A. Divorce petition is before the family court under whose jurisdiction marriage ceremony took place or you last resided with your spouse or where your spouse resied at the time of filing of the petition.

Q. Can I remarry when divorce case is pending?
A. No, under Indian law you cannot remarry when divorce case is pending in court. Doing so can lead to both civil and criminal consequences.

Q. Can LawRato provide me a divorce lawyer in my city?
A. Yes, LawRato can help connect you with an experienced divorce lawyer near you, depending upon your legal requirements.

Q. Why should I consult a lawyer through LawRato?
A. We at LawRato are dedicated to providing you with top-rated divorce lawyers with utmost care and sensitivity in the challenging phase of matrimonial/divorce litigation. We take great care in upholding the privacy of our clients to put them at ease and strive to provide quick legal support.