Is One Sided Divorce Possible In India?

In India, a one-sided divorce is also known as a contested divorce, where one spouse files for divorce without the consent or agreement of the other spouse. It is a legal process through which a spouse seeks to dissolve the marriage, but the other spouse does not agree with the grounds for divorce or does not want to end the marriage.

Hindu Marriage Act: One Sided Divorce

Under the Hindu Marriage Act, a spouse can file for divorce on the grounds of cruelty, desertion, adultery, conversion to another religion, mental disorder, or incurable disease. In such cases, the spouse filing for divorce must prove that the grounds for divorce exist and that the marriage has irretrievably broken down.

Special Marriage Act: One Sided Divorce

Under the Special Marriage Act, a spouse can file for divorce on similar grounds as the Hindu Marriage Act, and also on the grounds of mutual consent. In cases of mutual consent divorce, both spouses must agree to the divorce and the terms of the separation.

Muslim Personal Law: One Sided Divorce

Under Muslim Personal Law, a husband can unilaterally divorce his wife by pronouncing the word "talaq" three times, but there are restrictions and procedures that apply to this form of divorce.

Ways to Get One Sided Divorce in India

In India, getting a one-sided or contested divorce can be a difficult and complex process, and the specific steps involved can vary depending on the grounds for divorce and the jurisdiction where the divorce is filed. There are some general steps that may be involved in obtaining a one-sided divorce in India-

Consult with a Lawyer- Before filing for a one-sided divorce, it is important to consult with a qualified lawyer who can guide you through the legal process and help you understand your rights and obligations.
File a Petition for Divorce- The first step in obtaining a one-sided divorce is to file a petition for divorce in the appropriate court. The petition should state the grounds for divorce and include any supporting evidence that you have.
Serve Notice to the Other Party- After filing the petition, you will need to serve notice of the divorce proceedings to the other party. This can be done through registered post, court summons, or personal service.
Attend Court Hearings- Once the petition has been filed and notice has been served, there will be a series of court hearings where both parties will have the opportunity to present their case. If the other party does not contest the divorce or does not appear in court, the divorce may be granted based on the evidence presented by the petitioner.
Obtain a Final Divorce Decree- If the court finds in favor of the petitioner, a final divorce decree will be issued, which dissolves the marriage.

Role of Lawyers

Lawyers play a crucial role in one-sided divorce cases in India. There are some ways in which lawyers can assist their clients in obtaining a one-sided divorce-

Providing Legal Advice- Lawyers can provide legal advice to their clients regarding the grounds for divorce, the legal process involved, and the potential outcomes of the case.
Preparing and Filing Legal Documents- Lawyers can prepare and file the necessary legal documents, such as the petition for divorce and supporting affidavits, in a timely and accurate manner.
Advocating for their Clients' Rights- Lawyers can advocate for their clients' rights and interests, protecting them from unfair treatment or outcomes during the divorce process.
Ensuring Compliance with Legal Requirements- Lawyers can ensure that all legal requirements are met, such as serving notice to the other party and complying with court procedures and deadlines.

It is important to note that the legal process for obtaining a one-sided divorce in India can be lengthy and may take several months or even years to complete. Additionally, the specific steps involved may vary depending on the facts and circumstances of the case. It is advisable to consult with a qualified lawyer who can provide guidance on your specific situation.

You will need the help of lawyers to obtain your one-sided divorce in India. If you need the help of lawyers for your one-sided divorce in Visakhapatnam, then divorce lawyers in Visakhapatnam can be hired, and if you need the help of lawyers for your one-sided divorce in Prayagraj, then divorce lawyers in Prayagraj can be hired. Similarly, divorce lawyers in Kanpur can be employed if you need the help of lawyers for your one-sided divorce in Kanpur.