How to get a one sided divorce.

When either one of the husband or wife wants to take divorce but the other party does not intend to give divorce, in such a situation when the other party wants to give or take divorce, then it is called unilateral divorce. To get a divorce order, one party has to file a case in the court with the help of an advocate.

In Hinduism, marriage is considered a bond of seven births, but sometimes due to some reasons, such circumstances arise that it becomes impossible to spend life with each other and the husband and wife are forced to choose their separate paths. When one of the two parties does not agree to divorce, then the other party has to approach the court to get a unilateral divorce. In this article today I am going to tell you about the grounds of unilateral divorce. For unilateral divorce through the court, it is necessary to have one of the grounds given below.

Grounds of one sided divorce

Adultery

The most important thing for getting a divorce is on what grounds the divorce will be granted. The biggest basis for getting a divorce is when either the husband or the wife has a sexual relationship with someone else outside the marriage of their own free will. If such a situation exists, a case can be filed in the court even without mutual consent but there should be sufficient evidence to question someone’s character. In this way, the person filing a divorce case must provide evidence to prove adultery.

Cruelty

If after marriage, physical or mental cruelty is done to any party, then this can lead to divorce. Cruelty can be physical or mental cruelty. Many reasons like not allowing to eat, using abusive language, not allowing to go out of the house, preventing from talking, having unnatural sexual relations are considered cruelty.

Religion change

Divorce can also be granted on the basis of religious conversion. If either of the husband or wife has changed their religion, then divorce can also take place in such a situation.

Mental disorder

If either of the husband or wife is mentally unwell and is unable to fulfil the normal duties required in marriage due to mental illness, then in such a situation also a case for divorce can be filed in the court. The court takes immediate cognizance of cases of mental illness.

Isolation

If after marriage, the husband and wife have not lived together for two years, then even in such a situation, consent is not required for divorce. On this basis, divorce can be granted easily.

Venereal disease

If either of the husband or the wife is a victim of sexually transmitted disease (STD) like HIV/AIDS and if this disease can be transmitted to the other person by having sexual intercourse, then in such a situation the other party can go to the court to get a divorce. The court takes immediate action in such a case.

Estimate of death

If either of the spouses is missing for a period of seven years and if the spouse has not been heard of alive for a period of at least seven years and when there is no information about the missing spouse for the last seven years, then in such a situation a divorce petition can be filed in the court.

Renunciation of the world

If either the husband or the wife renounces their married life and takes sanyaas then the other party can seek divorce.

Author:

Advocate Aftab Fazil
Chamber No. D-715, D-Block, Karkardooma Court, Delhi
Mobile No. 9971943882, 9015181526