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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