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Whether the court grants divorce when the wife and child is not consen
03-Jan-2026 (In Divorce Law)
Hello
My husband forcefully left me during pregnancy at my parental home . And my father in law disowned me later my husband filed are divorce case in tis Hazari court without my consent and permission it is a contested divorce since 2020 September. I have already appeared in the case and is going on I want to know whether the court can grant divorce without my consent as it is separation of 5 years I have tried to live . We have 5 years old son. Divorce filed on ground of caste issues n crulty
Hi there, since it's a contested divorce and not mutual divorce therefore consent doesn't play a very important role.
However, to be clear, yes your consent matters but since your husband alleges cruelty so it will be highly premised on whether your husband is able to prove the cruelty or not.
Further, in order to provide you with an appropriate solution you need to tell me the facts of the case.
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Adv. Ishan Parashar
Adv. Ishan Parashar
Delhi | 200+ Answers
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Ma’am firstly there are two types of divorce i.e. Mutual and contested. Secondly, for contested divorce there are specific grounds enlisted under the law applicable on your marriage. Lastly, for getting divorce decree your husband is obliged to prove the ground upon which he is contesting the case. For precise advice, a proper analysis of your documents and evidence is required.
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Adv. Harshit R Gupta
Adv. Harshit R Gupta
Delhi | 25+ Answers
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Hi,
In a contested divorce, the court can grant divorce even without your consent, but only if the husband strictly proves the legal grounds pleaded. Mere separation of 5 years is NOT an automatic ground for divorce. You can Contest the divorce on merits, Seek maintenance (interim and permanent), Claim custody/visitation rights of child
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Adv. Vishali Verma
Adv. Vishali Verma
Delhi | 25+ Answers
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madam in a contested divorce the court cannot grant divorce merely because you do not give consent or because there is long separation your consent is required only in mutual consent divorce not in contested cases Since your husband has filed the divorce on the grounds of cruelty and caste-related issues, the burden of proof lies entirely on him he must prove these allegations with reliable evidence mere allegations or long separation of five years by itself is not a statutory ground for divorce under Hindu Marriage Act the Family Court will decide the case strictly on the basis of evidence led by both parties if cruelty is not proved the divorce petition can be dismissed even without your consent your facts being left during pregnancy living at a parental home, and having a minor child are relevant and important factors the welfare of your five year old son is also a significant consideration before the court you should contest the case properly file a strong written statement, and lead evidence you may also explore remedies like maintenance child custody and protection proceedings if not already initiated
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Adv. Surpreet Kaur
Adv. Surpreet Kaur
Delhi | 25+ Answers
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Hello. Yes contested divorce can be granted even if you do not give your consent. In case you do not want divorce then you will have to fight the case and prove his grounds wrong in the case. In case you succeed on merits then there will be no divorce.
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Adv. Bhawani Gupta
Adv. Bhawani Gupta
Delhi | 50+ Answers
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