Understanding One-Sided Divorce in India
Introduction
Divorce is a legal process that dissolves a marriage, allowing spouses to go their separate ways. In India, divorce can be initiated by either party, but what happens when only one person wants a divorce? Let’s explore the concept of one-sided divorce, the rules governing it, and the implications.
What Is One-Sided Divorce?
One-sided divorce, commonly known as unilateral divorce, occurs when one spouse seeks a divorce without the consent or agreement of the other spouse. In such cases, the process is initiated by one party, while the other may not be willing to end the marriage.
In India, a one-sided divorce, also known as a contested divorce, occurs when one spouse wants to end the marriage while the other does not agree. The process involves several legal steps and can be initiated under certain circumstances such as cruelty, adultery, desertion, mental disorder, or incurable diseases
Rule & Process for One-Sided Divorce in India
Grounds for Divorce:
Indian law recognises several grounds for divorce, including cruelty, adultery, desertion, mental illness, and irretrievable breakdown of marriage.
If one spouse can prove any of these grounds, they can seek a divorce even if the other party disagrees.
No-Fault Divorce:
India allows for no-fault divorce, where neither party needs to prove wrongdoing.
Under the Hindu Marriage Act, a spouse can seek divorce by mutual consent or unilaterally based on irretrievable breakdown of marriage.
Duration of Separation:
For no-fault divorce, the couple must be separated for at least one year before filing the petition.
The separation period can be longer for other grounds, such as cruelty or desertion.
Legal Proceedings:
The spouse seeking divorce must file a petition in the appropriate family court.
The court will consider evidence, witness statements, and legal arguments.
Challenges:
In one-sided divorce cases, the non-consenting spouse may contest the divorce petition.
The court will evaluate the evidence and decide whether to grant the divorce.
Recent Developments and Judgments
Recognition of Housewives’ Contribution:
The Madras High Court recognised the contribution of housewives to their husband’s income. It allowed a housewife equal share in her husband’s property.
New Divorce Rule 2023:
Under the new law, couples no longer need to provide evidence of their partner’s fault (such as adultery or unreasonable behavior) to apply for divorce. A simple statement that the marriage has irretrievably broken down is now sufficient.
Supreme Court’s Grant of Divorce under Article 142:
The Supreme Court granted divorce under Article 142 of the Constitution, citing the irretrievable breakdown of marriage. In this case, the parties separated without the birth of any child3.
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Currently, I live abroad but my wife live in Delhi. She never talks to me or contact me. From 2010 to 2020, we used to live at Delhi in a rental apartment along with my parents and children, but in 2020 she left the apartment and took my both children with her and went to her parent’s house and never came back to live with me. She is lecturer in Delhi college since 15 years and gets paid by monthly salary.
Later, after about 1 year (in 2021), I found her whereabouts with help of friends and got to know that she purchased/loaned a DDA apartment in Delhi and started living there with our both children. She basically kidnapped my children and separated them from their father (me). She does not answer my phone calls and have blocked me on WhatsApp.
We have 2 children, and as of today my daughter turned 18 years and my son is 12 years old. Both children still live with her in Delhi and she does not let us contact over phone, or visit or see them.
In 2022, I filed for a divorce petition at Dwarka Delhi under the grounds of cruelty and desertion. But the case is not progressing not going anywhere even after 2.5 years. Date pe date, and she is not cooperating, delaying tactics.
Question:
1. Can I get no-fault divorce based on irretrievable breakdown of the marriage even if she disagrees? What is the probability of success, what will be the cost and time from start till end?
2. What would be the spousal maintenance, alimony, any other expenses that I should know?
3. Do I need to be present in Delhi or India for the duration or can it be done by VC from abroad?
আমার দিদি ১৫বছর আগে বিয়ে হয় ১২বছরের একটি ছেলে আছে, পাত্র পক্ষ বাচ্চা নেওয়ার চার পাঁচ বছর পর থেকেই নানা সমস্যা শুরু করে যেমন সন্তান আমার নয়, স্ত্রী অন্য কারো সঙ্গে সম্পর্ক আছে এমন,এমন কি বিগত কয়েক বছর স্ত্রীর সঙ্গে একি রুমে ঘুমোতো না মায়ের কাছে ঘুমোতে চলে যেতো, কিছু কথা বললে তার বিপরীত রিয়েকশন আসতো কারন ছেলেটি কানে শুনতে পাই না লুকিয়ে বিয়ে দেওয়া হয়েছিলো, এবিষয়ে কোনো সমস্যা নেই মেয়ের,আসল সমস্যা এখানে কথা শুনতে না পাওয়ায় সবকিছু কে পাহাড় করে প্রতি নিয়ত গন্ডগোল ঝগড়া করতে ব্যাস্ত থাকতো এমন কি গায়ে হাত তোলা সব কিছু,আমরা বেশ কয়েক বার যায় সমাধান করতে কিন্তু সমাধান হয়নি একটা কথা আমি বিয়ে করতে চায় নি, এবিষয়ে ছেলের পরিবার সবকিছু চাপা দিয়ে রাখতো,একটা সময় দিদি আমাদের এখানে চোলে আসে এবং ডের বছর কোনো রকম যোগাযোগ না থাকার কারণে ডিভোর্স ফাইলের সিদ্ধান্ত নিয়েছে এবং সন্মানের কথা ভেবে একতরফা। এখন সমস্যা হলো ছেলের পক্ষ কন্টেস্ট করতে চাই, এক্ষেত্রে সমাধান কি?
My elder sister got married 15 years ago and has a 12-year-old son. A few years after having the child, the husband’s side began creating various problems — accusing her of things like: “the child is not mine,” or “the wife is having an affair with someone else.” In the last few years, he even stopped sleeping in the same room with her and would sleep in his mother’s room instead.
Whenever my sister tried to talk, his reactions were always aggressive. The actual issue was that the boy (her husband) had a hearing impairment which had been hidden before the marriage. My sister never made an issue out of this; she had no problem with his condition. However, because he couldn’t hear properly, he would constantly misinterpret things and create daily conflicts, fights, and even resort to physical violence.
We tried multiple times to mediate and resolve the issue, but nothing worked. At one point, he even confessed, “I never wanted to get married.” His family always tried to cover everything up and never allowed real resolution.
Eventually, my sister moved back to our home. After staying with us for a year and having no contact from the husband’s side, she decided to file for divorce — a one-sided divorce to maintain dignity.
Now the issue is that the husband’s side wants to contest the divorce. What can be the solution in this case?