A divorce is granted only when there is proof that one party was at fault and the other was innocent. Indeed, cruelty and adultery are the most common grounds for divorce in India. In this blog, we'll see how to divorce in India without mutual consent and the divorce process in India without mutual consent.
In the event of a contested divorce, or one where there is no mutual consent, the judicial system has a vested interest in maintaining the institution of marriage, and as a result, certain legal barriers will be in place to prevent the annulment of marriages on a whim. Divorce mutual consent is a process where both parties agree to dissolve their marriage without any conflict or contest.
A petition for the dissolution of marriage by decree can be brought to the District Court by both parties to the marriage on the grounds that they have been living separately for one year or more and have mutually decided that for dissolving their marriage.
Procedure for Contested Divorce
Let us see how to get a Divorce in India without mutual consent and its procedures:
- a) Ascertain the ground on which you want to seek a divorce;
- b) Collect evidence, and
- c) Consult a divorce lawyer and file a petition in the family court of Delhi.
Ground of Divorce
There are various grounds a spouse calls to file for a divorce. Some of the major grounds under which most divorces are filed are as follows:
The Act of Adultery: If a spouse indulged in a sexual relationship and had intercourse outside marriage, it is termed adultery. Here the deceived spouse files for divorce on the grounds of adultery.
The Act of Cruelty: A spouse files for a divorce under this ground when faced with any mental or physical injury or major harm caused by the other spouse. The court judges the severity of the cruelty with not just one incident but as a series of incidents. Here the injured or harmed spouse files for divorce on the grounds of cruelty.
The Act of Desertion/Abandonment: A spouse files for divorce under this ground when their spouse voluntarily abandoned them for a least two years. Here the abandoned spouse files for divorce on the grounds of desertion or abandonment.
Acts of Conversion or Renunciation: This is filed when one spouse converts to another religion. Here the other spouse might file a divorce since they are not willing to convert themselves like the other. The other kind of grounds related to religion is when either of the spouses decides to not participate in any worldly affairs as they are embracing a religious order. Here, the other spouse can file a divorce on the grounds of renunciation.
Transferable Diseases: A spouse can apply for a divorce when their spouse is subjected to a communicable or transferable serious disease.
Mental Disorder: If either of the spouses suffers from an incurable mental disorder and then the other spouse can file for a divorce on the ground of mental disorder.
Not Heard Alive: A spouse files for a divorce when their spouse is not heard alive for more than seven years.
There are more grounds like failing to resume cohabitation after completing the separation period as suggested by the court.
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Filing a Divorce Petition
Let’s see how to get a divorce without mutual consent in India on filing.
Summoning Respondent: Once you appoint a divorce lawyer, he/she will understand your case and, based on your suggestions, file the petition in court. Once a spouse files the petition, the court summons the respondent. If he/she turns up and enters an appearance, the matter is bi-party; if the erring spouse prefers not to contest or come to the court, the matter proceeds ex parte (in absence).
Mediation: In the case of a bi-party, the court normally refers the parties to mediation or reconciliation so that issues can be resolved amicably. If the above fails, the respondent has to file a written statement to the petition with the necessary documents (within 90 days).
Framing of Issues: Once that is done, the court frames the issues; issues are questions that the court decides on at the time of the final hearing. For instance, in a divorce on the ground of adultery, the issue would be ‘whether the respondent had sexual intercourse with X during the subsistence of marriage with the petitioner?’ There are chances for issues on multiple grounds. The court premises the entire divorce proceedings after getting answers to these questions/issues.
Lead Evidence: After the issues are framed, the court asks the petitioner to lead evidence on their own and/or through witnesses. Thereafter, the opposite party can cross-examine the petitioner’s witnesses. Indeed, the court repeats the same steps for each witness on either side. Once the petitioner’s evidence is over, the respondent leads his or her evidence.
Timeline for Divorce
It would take at least a year until the matter goes to court, assuming mediation does take place. Once the spouses provide their evidence, the court will listen to the arguments of either side on the case and then proceed to decide the case. However, the court’s formal order, in the end, is known as the decree. After this, either party may appeal in the High Court and then finally the Supreme Court.
Usually, the process at the family court takes two to three years if contested vigorously. If the wife can’t sustain herself financially or doesn’t have an income source for herself, the court accepts the wife needs the maintenance allowance and entitles the husband to support her financially.
Documents Required
- Address proof of husband and wife
- Marriage certificate
- 4 Passport-size photographs
- Income tax returns
- Details of assets owned by husband and wife, both jointly and individually
- Divorce Court in Delhi
- The divorce court is located at Tilak Marg, Patiala House, New Delhi.
Cost of Divorce without Mutual Consent
The cost of a divorce process depends heavily on how vigorously it would be contested or what the issues are. As lawyers usually charge per appearance, you can expect to shell out anywhere from ₹10,000 per hearing for a young lawyer to ₹1 lakh for an experienced one.
Conclusion
The decision to get married or divorce can be the right decision; however, the reason can be challenging for one to continue the relationship. We hope the above information helped you in your decision, and for further assistance, feel free to contact our team Vakilsearch or share your thoughts below.
The divorce mutual consent process typically requires the spouses to have an open and honest discussion about their marital issues and work towards a mutually beneficial resolution
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