Can a person file for a one-sided divorce in India?
Yes, in India, an individual can file for a one-sided divorce, legally known as a contested divorce, when one spouse seeks separation without the other’s consent. This is governed by Section 13 of the Hindu Marriage Act, 1955, along with other personal laws applicable to different religions.
Legal Grounds for One-Sided Divorce
A contested divorce can be granted if the petitioner establishes at least one of the following grounds:
Cruelty – Physical or mental harassment that makes cohabitation intolerable.
Adultery – Engaging in extramarital affairs.
Desertion – Abandonment by a spouse for at least two years.
Mental Illness – Suffering from an incurable mental disorder.
Irretrievable Breakdown – Recognized through landmark Supreme Court judgments.
Real-Life Cases
In Bangalore, a woman filed for divorce citing emotional abuse and persistent humiliation. The court granted the divorce after reviewing chat records and witness statements.
In Mumbai, an NRI husband secured a one-sided divorce after proving that his wife had abandoned him and never returned for three years.
Key Statistics
Over 1.3 million divorce cases are currently pending in Indian courts (NCRB 2022).
Divorce rates in urban India have risen by 13% over the past decade.
The Future of Divorce Laws in India
Faster Proceedings – Courts are increasingly adopting online hearings.
Mandatory Mediation – Encouraging out-of-court settlements to resolve disputes amicably.
Final Word
Divorce is never easy, but staying in an unhappy or toxic marriage can be even harder. If reconciliation is not an option, legal remedies are available. Seek professional legal advice, gather necessary evidence, and take steps toward a better future.
About LawCrust Legal Consulting
LawCrust Legal Consulting specializes in contested divorce and other complex family law matters. With a team of experienced legal professionals, LawCrust ensures smooth legal proceedings and effective representation across India.
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