Divorce without Mutual Consent in Delhi

Last Updated at: Oct 08, 2020
Divorce without a mutual consent in Delhi

Under contested divorce, or divorce without mutual consent, the judicial system has a vested interest in protecting the institution that is marriage so it is only to be expected that certain legal barriers are erected to prevent marriages from being annulled on a whim. Divorce is granted only with the proof for the fault of one party and the other’s innocence. Indeed, the most common grounds for divorce are cruelty and adultery. Let us see how to get a divorce in India without mutual consent and the divorce procedure India without mutual consent further.

Procedure for Contested Divorce

Let us see how to get a divorce in India without mutual consent and it’s procedures:

  1. a) Ascertain the ground on which you want to seek a divorce;
  2. b) Collect evidence, and
  3. c) Consult a divorce lawyer and file a petition in the family court of Delhi.

Ground of Divorce

There are various grounds a spouse call file for a divorce. Some of the major grounds under which most divorces filed are as follows:

  1. The Act of Adultery: If a spouse in indulged in a sexual relationship and had intercourse outside marriage, it is termed as adultery. Here the deceived spouse files for the divorce on the grounds of adultery.
  2.  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 the divorce on the grounds of cruelty.
  3. The Act of Desertion/Abandonment: A spouse files for divorce under this ground when their spouse voluntarily abandoned them for a least of two years. Here the abandoned spouse files for the divorce on the grounds of desertion or abandonment.
  4. Acts of Conversion or Renunciation: This is files when one spouse converts themselves into 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.
  5. Transferable Diseases: A spouse can apply for a divorce when their spouse is subjected to a communicable or transferable serious disease.
  6. Mental Disorder: If either of the spouses suffers from an incurable mental disorder and then the other spouse becomes can file for a divorce on the ground of mental disorder.
  7. 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-parte; if the erring spouse prefers not to contest or come to the court, the matter proceeds ex parte (in absence).

Mediation: In case of bi-parte, the court normally refers to 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 issues 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 question/issue.

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, 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 don’t have an income source for herself, the court accepts the wife to be in need of the allowance for maintenance and entitles the husband to support her financially.

Documents Required

  1. Address proof of husband and wife
  2. Marriage certificate
  3. 4 Passport-sized photographs
  4. Income tax returns
  5. 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 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 Rs. 10,000 per hearing for a young lawyer to Rs. 1 lakh for an experienced one.