What is the process for divorce without mutual consent

05-Apr-2024 (In Divorce Law)
I was married 5 years ago , and want a divorce. My wife is not willing to give divorce. What legal process should to get divorce
Answers (3)

Answer #1
143 votes

In case your spouse is not agreeing to the mutual consent divorce, then you can file a petition under any of the grounds mentioned under Section 13(1) of the Hindu Marriage Act.

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Answer #2
386 votes
Mutual divorce is the easiest way to get divorce, however, if one spouse does not agree for divorce, a petition for contested divorce can be filed in the court of appropriate jurisdiction. The said petition has to be filed on grounds such as adultery, cruelty, desertion, conversion, mental disorder, leprosy, non-resumption of cohabitation, etc., as per your case. 

If you need to understand the step-by-step procedure for divorce, you can read the LawRato’s LawGuide or connect with me.
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Answer #3
316 votes
Documents required for procedure - Proof of address for both parties (e.g. voter ID/Aadhar Card). Marriage certificate Four photographs of the wedding. Proof that the parties have lived separately for a minimum of one year.
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at and has been responded by one of the Divorce Lawyers at to address the specific facts and details.

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