Law Wisdom
Divorce case
When one or both spouses are unable to live together as a pair, divorce is a legal way to dissolve the marriage. In India, there are two sorts of divorce: one sided divorce and divorce with mutual consent.
Mutual consent divorce occurs when both parties agree to stop their marriage, and the divorce takes a shorter time to complete since both parties wish to end the marriage. In India, a one sided divorce is when one spouse does not want to divorce the other. A contested divorce is another term for one sided divorce.
Meaning of One sided Divorce
In India, a one sided divorce occurs when one party refuses to end the marriage for any reason. When one partner has grounds for divorce and desires to dissolve the marriage, it is referred to as a one sided divorce. The husband and wife compete to obtain the most out of a divorce case, as the name implies, and appoint a divorce lawyer in India to represent their interests.
Types of Divorce for Specific Communities
Hindu Community
Under the Hindu Marriage Act, 1955, one sided divorce can be filed on grounds such as cruelty, adultery, desertion, conversion, mental illness, communicable diseases, presumption of death, and renunciation of the world.
Muslim Community
In Islamic law, one sided divorce can be initiated by the husband through “Talaq” or by the wife through “Khula” if she can prove valid grounds. The Dissolution of Muslim Marriages Act, 1939, also provides legal avenues for women to seek divorce on specific grounds.
Christian Community
Under the Indian Divorce Act, 1869, Christians can file for one sided divorce on grounds like adultery, cruelty, desertion, conversion, insanity, and leprosy.
Parsi Community
The Parsi Marriage and Divorce Act, 1936, governs divorce among Parsis. Grounds for one sided divorce include adultery, cruelty, desertion, insanity, venereal disease, forceful conversion, and presumption of death.
Special Marriage Act
For inter-community marriages, the Special Marriage Act, 1954, provides provisions for one sided divorce on grounds similar to those under the Hindu Marriage Act.
Grounds for One sided Divorce
Under the Hindu Marriage Act of 1955 and other personal and common laws in India, the following are recognized as valid grounds for one-sided divorce:
- Adultery: Engaging in a sexual relationship outside of marriage constitutes adultery. It is considered a criminal offense and a valid ground for one-sided divorce, as it violates the sanctity of marriage.
- Cruelty: Any act that causes disruption, irritation, or torment to one spouse, either physically or emotionally, can be considered cruelty. Acts that endanger the spouse’s life or health are grounds for one-sided divorce, as enduring such suffering is not a normal part of marriage.
- Desertion: Desertion is defined as the intentional abandonment of one spouse by the other without any justifiable cause and without the consent of the other spouse, with no intention of returning. For desertion to be considered a valid ground for one-sided divorce, several key elements must be proven:
- Intention to Desert: The spouse who has left must have done so with the clear intention of permanently abandoning the other spouse.
- Lack of Consent: The abandonment must be without the consent of the other spouse, and not due to any conduct that might have driven the spouse to leave.
- Duration of at least two years: The desertion must have continued for a continuous period of not less than two years immediately preceding the filing of the divorce petition.
- No Justifiable Cause: Desertion is not merely physical; it also involves the intention to sever all marital obligations and duties.
- Conversion: Changing one’s religion and adopting new beliefs and ideologies can lead to a change in marital dynamics. If one spouse does not accept these changes, they can file for divorce on this basis.
- Mental Illness: A mental illness that makes cohabitation impossible can be grounds for divorce. Mental instability or disease can make sustaining a marriage very challenging.
- Communicable Diseases: If one partner has a communicable disease that can be transmitted through physical contact, it may be considered a valid reason for ending the marriage.
- Presumption of Death: If a spouse has not been heard from for seven years and is presumed dead, the other spouse has the right to file for divorce. The absence of opposition can expedite the process.
- Renunciation of the World: If a spouse chooses to renounce all worldly possessions and beliefs and refuses to adhere to any specific faith, the other spouse can seek divorce.
- Leprosy: Leprosy, a communicable skin condition that leads to physical disintegration, is considered a valid reason for divorce.
These grounds for one-sided divorce reflect the various challenges and complexities that may arise in a marriage. Understanding these grounds and seeking appropriate legal consultation can help individuals navigate the legal process of divorce in India.