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What is the procedure for divorce without mutual consent?


In Divorce Law
I want to know the procedure for divorce without mutual consent. I have been married for 4 to 5 years. There is no mutual understanding. My wife is not ready to take a divorce.
 
What can I do?

Answers (1)


65 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.
 

GROUNDS FOR DIVORCE

1. Adultery – The act of indulging in any kind of sexual relationship including intercourse outside marriage is termed as adultery.
 
2. Cruelty – A spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that causes danger to life, limb, and health. The intangible acts of cruelty through mental torture are not judged upon one single act but a series of incidents.
 
3. Desertion – If one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion.
 
4. Conversion – In case, either of the two converts himself/herself into another religion, the other spouse may file a divorce case based on this ground.
 
5. Mental Disorder – Mental disorder can become a ground for filing a divorce if the spouse of the petitioner suffers from incurable mental disorder and insanity and therefore it cannot be expected from the couple to stay together.
 
6. Leprosy – In the case of a ‘virulent and incurable’ form of leprosy, a petition can be filed by the other spouse based on this ground.
 
7. Venereal Disease – If one of the spouses is suffering from a serious disease that is easily communicable, a divorce can be filed by the other spouse.
 
8. Renunciation – A spouse is entitled to file for a divorce if the other renounces all worldly affairs by embracing a religious order.
 
9. Not Heard Alive – If a person is not seen or heard alive by those who are expected to be ‘naturally heard’ of the person for a continuous period of seven years, the person is presumed to be dead. The other spouse should need to file a divorce if he/she is interested in remarriage.
 
10. No Resumption of Co-habitation – It becomes a ground for divorce if the couple fails to resume their co-habitation after the court has passed a decree of separation. If either party proves that there is no resumption of cohabitation between the husband and the wife even after a year, it will be sufficient ground for divorce.
 

STEP BY STEP PROCEDURE TO FILE FOR DIVORCE

The Step by Step procedure for divorce is given as follows:

Step 1Filing Petition 
The first step of the divorce procedure is to file for a Divorce Petition in the concerned family court through a competent lawyer. Any of the partners which is aggrieved can approach the court and file for Divorce Petition in the appropriate jurisdiction on any of the grounds mentioned above. The same can be done with the help of a divorce lawyer. The petition must be filed along with affidavits, vakalatnama, and other relevant documents.

Step 2: Service of Summons
The next step after filing the Divorce Petition is the service of summons on the contesting parties to inform them that a divorce procedure has begun against them by the aggrieved spouse. The party who is served the summon has to appear before the Judge of the family court. After sending the notice or summons to the parties, the court may also suggest the parties to mediation.

Step 3: Response to Petition
The next step in the procedure for divorce is filing a response to the Divorce Petition. This is done by the party that wishes to contest the divorce on the grounds that they wish to contest on, accepting or rejecting the points raised in the petition.

Step 4: Trial
Once both the parties have presented their points through the petition and the response, the trial begins where the court hears both the parties with their evidence and witnesses.

Step 5: Temporary Orders
The next step of the procedure to file divorce is the interim orders which are passed by the court related to child custody, alimony, maintenance etc.

Step 6: Final Order
The final step is where the court pronounces the final order dissolving the marriage after which the court proceedings will come to an end.
 

How can a lawyer help with divorce proceedings?

Divorce is an emotionally and financially draining time. Irrespective of the type of divorce you seek (i.e., mutual or contested), it’s important you have a lawyer by your side who can guide you through the complex procedure of divorce.

Having a consultation with an experienced and well-versed divorce lawyer can help you in numerous ways. There have been cases where even seemingly straightforward divorce have become complicated and only a lawyer who is an expert in handling such situations can help you get through such circumstances. Additionally, a lawyer can help you litigate your case If you need to and can guide you in resolving other issues associated with divorce such as child custody, alimony, etc.
 

What happens if a divorce issue is not resolved?

A divorce is a very complex and expensive issue in India if it is not with mutual consent. Not only the parties to divorce but their families also suffer during the entire procedure of separation. Therefore, it is essential that the procedure gets done away with as soon as possible and the suffering ends for both the parties and their families. By hiring a lawyer one can ensure that delay in getting a divorce is avoided and divorce is granted as quickly as possible.


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