Legal Guide

Is One Sided Divorce Possible?

by Bhavya Choudhary · 4 min read

one sided divorce

When one or both spouses are unable to live together as a pair, divorce is a legal way to dissolve the marriage. In India, there are two sorts of divorce: one sided divorce and divorce with mutual consent.

Mutual consent divorce occurs when both parties agree to stop their marriage, and the divorce takes a shorter time to complete since both parties wish to end the marriage. In India, a one sided divorce is when one spouse does not want to divorce the other. A contested divorce is another term for one sided divorce.

Meaning of One sided divorce

In India, a one sided divorce occurs when one party refuses to end the marriage for any reason. When one partner has grounds for divorce and desires to dissolve the marriage, it is referred to as a one sided divorce. The husband and wife compete to obtain the most out of a divorce case, as the name implies, and appoint a divorce lawyer in India to represent their interests.

Grounds for One sided divorce

The Hindu Marriage Act of 1955 explains the causes of one sided divorce. In India, these reasons are commonly found in several personal and common laws for one sided divorce:

  1. Adultery- When a spouse becomes connected with someone else and continues a sexual connection outside of the marriage, this is known as adultery. This is criminal conduct, and adultery in a marriage is a solid reason for one sided divorce because it goes against the definition of marriage.
  2. Cruelty- Cruelty is any type of disruption, irritation, or torment inflicted on one spouse by the other, which may interfere with one spouse’s regular and quiet existence. Cruelty can take the form of physical or emotional abuse. Any act of cruelty that puts the spouse’s life or health in jeopardy is grounds for one sided divorce. Suffering such anguish, insults, and torment is not normal within marriage and might be grounds for one sided divorce.
  3. Desertion- Desertion is defined as the intentional and knowing departure of one spouse by another for no good reason and with no intention of returning. No intention of returning, lack of permission from the other spouse, and the fact that the desertion has been ongoing for more than two years must all be proven for desertion to be considered a viable reason for one sided divorce. The other spouse should not have started desertion, and the spouse who had left should have done so on his or her own.
  4. Conversion- Conversion to a different faith is another cause to file for divorce. After changing one’s religion, one’s views and ideologies can be modified in accordance with that religion’s teachings, and another spouse is not obligated to accept them as well, and therefore can file for divorce on this basis.
  5. Mental Illness- If a spouse has a mental illness that makes it impossible to live with him or her in a marriage, a divorce petition can be filed with the aid of an Indian divorce lawyer. It will be tough to maintain a marriage if you have mental instability or any mental disease.
  6. Communicable Diseases- It will be difficult to maintain a relationship if one partner has a communicable disease that can be transmitted via physical contact. A viable cause for dissolving a marriage through a disputed divorce petition is communicable illnesses.
  7. Presumption of Death- If a spouse has not been heard for seven years and is presumed dead, the other spouse has the right to file a divorce petition. If a person does not wish to wait for his or her spouse to return and wait for an endless period of time, he or she is not compelled to do so. Because there is no other party to oppose the divorce, it can be granted fast.
  8. Renunciation of the world- If one spouse decides to renounce the world, leaving all worldly belongings, ideas, and thoughts behind and refusing to join any specific faith, the other spouse is eligible to apply for divorce in court.
  9. Leprosy—Leprosy is a communicable skin condition that causes bodily disintegration and is a solid reason to fight a divorce.

How To File a One sided divorce?

To contest one sided divorce in Indian courts, the following procedure is laid down:

  1. Filing a divorce petition- After taking divorce consultation and identifying the appropriate court, an experienced divorce attorney in India must draft a contested divorce petition that includes the issues and problems that have arisen as a result of the marriage, as well as the grounds on which the petitioner wishes to file a divorce. Following the filing of the divorce petition, the court will send summons to the other spouse, informing him or her that their spouse has filed a divorce petition.
  2. Opposing party’s response- Once the summons has been received, the opposing party must send a response to the petition clarifying their position on one sided divorce. However, if the opposing party fails to appear at the hearing, the court may proceed to make a ruling based only on the testimony of one party.
  3. Final arguments- After the evidence has been filed, the parties will have final arguments. Final arguments are the most important deciding elements in a court’s decision to dissolve a marriage.
  4. Divorce decree- After the court hears all of the arguments; it issues a final verdict and issues a divorce decree of one sided divorce.

The divorced husband and wife sign the divorce papers after the divorce decree is issued. The divorce processes are now complete, and the marriage is deemed legally dissolved. This leads to one sided divorce.

Conclusion

The first attempt of the party should be to go for a mutual divorce. However, if it is not possible, then the party can go for one sided divorce or contested divorce on the aforementioned grounds. One should seek divorce consultation to get the correct legal advice from an expert divorce lawyer. 

One sided divorce involves a lot of time and patience. It is always wise to consult an expert divorce lawyer to get the right legal advice

Bhavya Choudhary

Written by

Bhavya Choudhary

Get Expert Legal Advice For

Divorce

Enter a valid phone number

Related Articles

View MoreView More

Hi there 👋!

How can I help you?

whatsapp