Is One-Sided Divorce Possible in India?

July 18, 2025

Divorce is one of the most challenging decisions in life, and many individuals wonder whether they can dissolve a marriage without the consent of their spouse. In India, the law provides for both mutual consent divorce and contested divorce (one-sided divorce). But is one-sided divorce really possible? Yes, under certain conditions.

This article explains the concept, legal provisions, grounds, and procedure for one-sided divorce in India.

What Does One-Sided Divorce Mean?

A one-sided divorce, also known as a contested divorce, occurs when one spouse files for divorce without the consent of the other spouse. Unlike mutual consent divorce (where both parties agree to separate), a contested divorce involves legal proceedings in court where the petitioner must prove valid grounds for dissolution of marriage.

Is One-Sided Divorce Legal in India?

Yes, one-sided divorce is legal in India under:

Section 13 of the Hindu Marriage Act, 1955 (for Hindus)
Special Marriage Act, 1954 (for inter-religious marriages)
Personal laws for Muslims, Christians, Parsis, etc.

The court can grant a one-sided divorce if the petitioner proves the specified grounds.

Grounds for One-Sided Divorce in India

Indian law specifies certain grounds on which a contested divorce can be filed:

1. Cruelty

If the spouse has treated the petitioner with mental or physical cruelty, it can be a valid reason. Examples:

Physical abuse
Verbal abuse or humiliation
Mental harassment

2. Desertion

If one spouse abandons the other for a continuous period of at least two years without a reasonable cause, it is a ground for divorce.

3. Adultery

Engaging in an extra-marital affair is a valid ground for divorce.

4. Conversion of Religion

If the spouse has converted to another religion without consent, the other party can file for divorce.

5. Mental Disorder

If the spouse is suffering from an incurable mental illness, making cohabitation difficult, this can be a reason.

6. Venereal Disease

If a spouse suffers from a communicable venereal disease, the other spouse can seek divorce.

7. Renunciation

If a spouse renounces the world and becomes a sanyasi, the other spouse can file for divorce.

8. Presumption of Death

If the spouse is not heard of for seven years or more, the other spouse can seek divorce.

Procedure for One-Sided Divorce in India

The process involves several legal steps:

Step 1: Hire a Lawyer

Consult a family law advocate to understand your case and draft the petition.

Step 2: File a Petition

The petition is filed in the Family Court under the relevant law with jurisdiction where:

Marriage took place, or
Both spouses last resided together.

Step 3: Court Notice to Respondent

The court sends a notice to the other spouse (respondent) to appear and respond.

Step 4: Court Hearings

Both parties present their arguments and evidence.

Step 5: Judgment

If the court is satisfied with the petitioner’s grounds, it grants the divorce decree.

How Long Does One-Sided Divorce Take in India?

Contested divorce cases usually take 3 to 5 years or more, depending on:

Court workload
Complexity of the case
Cooperation from the other party

Documents Required for One-Sided Divorce

Marriage certificate
Address proof of both parties
Photographs of marriage
Proof of grounds (e.g., medical reports, police reports)
Evidence of cruelty or desertion (if applicable)

Can the Other Spouse Delay or Oppose the Divorce?

Yes, the other spouse can oppose the petition and contest the allegations. This is why contested divorce takes longer than mutual consent divorce.

Cost of One-Sided Divorce

The cost varies based on:

Lawyer’s fees
Court fees
Complexity of the case
On average, it can range from ₹30,000 to ₹1,00,000 or more.

Difference Between Mutual Divorce and One-Sided Divorce

Aspect	Mutual Divorce	One-Sided Divorce
Consent Required	Both spouses	Only one spouse
Time Taken	6 months – 1 year	3 – 5 years
Grounds Needed	Not necessary	Mandatory
Court Hearings	Minimal	Multiple

Can Women and Men Both File One-Sided Divorce?

Yes, both husband and wife have equal rights to file for a contested divorce under Indian law.

Conclusion

Yes, one-sided divorce is possible in India, but it is a time-consuming and complex process compared to mutual divorce. If you are considering this option, it is advisable to seek expert legal guidance.

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