Introduction

Divorce in India is often misunderstood as something that can happen only by mutual agreement. Many people believe that if one spouse refuses to consent, divorce becomes impossible. This belief is incorrect.

Indian law recognises one-sided divorce, where one spouse can seek divorce without the consent of the other, provided legally recognised grounds are proved before the court.

This blog explains what one-sided divorce means, when it is permitted, and how courts examine such cases.

What Is One-Sided Divorce?

A one-sided divorce refers to a divorce petition filed by one spouse alone, without the consent or agreement of the other spouse. Unlike mutual consent divorce, one-sided divorce requires:

• Filing a contested divorce petition

• Proving legally valid grounds

• Court adjudication after hearing both sides

The court grants divorce only if statutory conditions are satisfied.

Difference Between Mutual Consent and One-Sided Divorce

• Mutual consent divorce requires agreement of both spouses

• One-sided divorce proceeds even if the other spouse contests

In one-sided divorce, the court’s satisfaction replaces consent.

Legal Grounds for One-Sided Divorce

Indian matrimonial laws allow one-sided divorce on specific grounds, such as:

Cruelty

Physical or mental cruelty that makes marital life unbearable.

Desertion

Abandonment by one spouse without reasonable cause for the legally prescribed period.

Adultery

Voluntary sexual relationship outside marriage.

Mental Disorder

Mental illness of such nature that cohabitation becomes impossible.

Conversion of Religion

Change of religion by one spouse without consent of the other.

Renunciation

Renouncing the world by entering a religious order.

Presumption of Death

Spouse not heard of for the statutory period.

Courts require strict proof of these grounds.

Can a Court Grant Divorce Without Consent?

Yes. Consent of the other spouse is not required if the petitioner proves a valid ground. Courts do not compel a person to remain in a marriage that has irretrievably broken down due to legally recognised reasons.

However, mere dissatisfaction or incompatibility is not enough.

Role of Evidence in One-Sided Divorce

Evidence plays a crucial role and may include:

• Documents

• Witness statements

• Medical records

• Digital evidence

• Circumstantial proof

False or exaggerated allegations can weaken the case.

What If the Other Spouse Refuses to Appear?

If the respondent:

• Avoids court proceedings

• Repeatedly stays absent

The court may proceed ex parte after following due process.

How Long Does One-Sided Divorce Take?

One-sided divorce cases usually take longer than mutual consent divorces because:

• Evidence is recorded

• Cross-examination takes place

• Interim applications are heard

Timelines vary depending on complexity and conduct of parties.

Rights of the Other Spouse

The non-petitioning spouse has full rights to:

• Contest the petition

• File counter-claims

• Seek maintenance and custody

• Challenge evidence

One-sided divorce does not mean denial of legal rights.

Can False One-Sided Divorce Cases Succeed?

Courts carefully examine allegations. Divorce is not granted automatically. False or unproven claims often result in dismissal of the petition.

Role of an Advocate in One-Sided Divorce

An advocate assists in:

• Choosing the correct legal ground

• Drafting precise pleadings

• Presenting evidence effectively

• Protecting client’s rights

Matrimonial litigation requires careful strategy.

Conclusion

One-sided divorce is a legally recognised remedy in India. A spouse cannot be forced to remain in a marriage that has legally broken down, even if the other spouse refuses consent. However, courts grant divorce only when statutory grounds are clearly proved.

Understanding the law, rights, and procedure is essential before initiating or contesting one-sided divorce proceedings.