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What Happens If The Husband Has Not Filed For Divorce When The Wife Applied For A Divorce?

  • Writer: Lead India
    Lead India
  • Jul 3, 2023
  • 4 min read

In a situation where both parties to the marriage agree to get a divorce, it is known as mutual divorce, and the process is much easier as well as mentally less exhausting than the other type of divorce. But it is not necessary to have the consent of the other partner before applying for divorce. An aggrieved party could seek Divorce if the other party is not willing to grant it. It is known as contested divorce, and a petition for the same could be filed in the Court that has appropriate jurisdiction.

Therefore, the consent of the spouse to file a Divorce Petition in the appropriate Court is not necessary. For further information, you are advised to seek free legal advice from an experienced divorce lawyer in Gurgaon or in your city.



What if the Husband or Wife denies giving divorce to the partner?

In a situation where one spouse wishes to obtain a divorce while the other refuses to do so, the spouse who wishes for divorce from the other partner could apply for a Contested Divorce. A contested Divorce is applied for when only one partner wishes to divorce while the other party is not willing to end the relationship. In the case of a contested divorce, one party seeks a divorce while the other party opposes it. Some grounds have been provided by the law based upon which one party could file for Contested Divorce. But these grounds may slightly differ depending on the religion (personal laws) of parties to the marriage or the Statutes under which such Divorce is being sought, for example, the Muslim Personal Laws, the Hindu Marriage Act, the Christian Divorce Act, etc.

Grounds for one-sided or contestable divorce

  • Cruelty

Cruelty has been widely defined by the Indian Courts. It may be physical or mental. Physical cruelty would include acts such as actual hitting, torturing, etc., while mental cruelty is the emotional torture that the spouse puts the other through. Therefore, both mental and physical cruelty are grounds on which one could apply for divorce. According to Hindu divorce laws in India, there is adequate cause to file for divorce due to cruelty on the side of the spouse if one spouse has a reasonable fear that the other spouse's behavior would probably cause harm or injury.

  • Adultery

Even though it is not a criminal offense anymore, adultery is grounds for divorce as well. The aggrieved spouse can apply for Divorce based on the grounds of adultery and cheating. Previously, if the man had committed the act of adultery (i.e., consensual sexual intercourse outside his marriage), he would have also been charged with a criminal offense as per the Indian Penal Code, but not anymore.

  • Desertion

If spouse of the aggrieved party has deserted him or her without reasonable cause, he or she can file for divorce on the ground of desertion. But the spouse abandoning the other must have the intention to desert, which shall be proved by way of evidence as well. In accordance with the Hindu laws for divorce, the desertion must have lasted for a period of at least two consecutive years.

  • Conversion

In the event that one of the spouses has converted to another religion, Divorce could be sought by the other partner. This ground of Divorce will not require any such time limit as mentioned above before a divorce can be filed.

  • Mental Disorder

If one of the partners becomes incapacitated from performing normal daily duties that are required to be performed in marriage due to some mental disorder or illness, divorce could be sought on this ground. But to invoke this ground, it is important that the affected spouse is not able to perform the basic marital duties as well.

  • Communicable Disease

In case the spouse is suffering from some communicable disease(s), including diseases such as HIV, gonorrhoea, etc., or some other virulent or incurable form of leprosy, the other partner could apply for divorce on this ground, as has been provided under the Hindu Divorce Law.

  • Renunciation of the World

If one of the partners in a marriage has adopted ‘sanyasa, or renunciation of the world, then the other can apply for a divorce based on this ground.

  • Presumption of Death

If one of the partners has not been heard of as being alive for a time period of not less than at least 7 years by individuals who would have heard about such a person had he or she been alive, then the other spouse can seek to obtain a judicial decree of divorce based on this ground.

In the case of a contested divorce, the party seeking divorce is required to prove that the grounds for divorce exist. For further information on the subject, you are advised to seek legal advice from an experienced divorce lawyer in Jaipur, divorce lawyer in Mumbai, or your own city.

Lead India offers you a team of experienced advocates who have been successfully dealing with issues such as divorce, maintenance, etc. Therefore, if you wish to talk to a lawyer or seek free legal advice online, you may contact us.



Call Us: +91–8800788535

Email: care@leadindia.law



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