leadindia836
- May 6, 2023
- 3 min read

How To File One Sided Divorce From Husband Side

A one-sided divorce occurs when one partner in India refuses to end the marriage for whatever reason. One-sided divorces occur when only one spouse wishes to dissolve the union and has valid grounds to do so.

The husband and wife fight, as the name suggests, winning their divorce case and selecting an Indian divorce lawyer to represent their interests. One-sided divorces are legal in India thanks to distinct and specific rules. This group includes all legislation that provides grounds for a one-sided divorce. A party must establish at least one of those grounds in order to get a one-sided divorce.

Grounds:

Adultery: Having a sexual relationship with someone else while still married is known as adultery. Since adultery in a marriage violates the concept of marriage, it is illegal and a good reason for a one-sided divorce.
Cruelty: According to the dictionary, cruelty is any disturbance, irritation, or pain perpetrated on one spouse by the other that could disrupt that spouse's regular, quiet existence. The mistreatment of one's body or psyche is a form of cruelty.
Desertion: According to the definition of desertion, it is when one spouse deliberately and knowingly separates from the other without good reason and with no intention of getting back together. For desertion to be regarded as legal grounds for a one-sided divorce, it must be proven that there is no intention of returning, there is no consent from the other spouse, and the desertion has lasted for more than two years.
Conversion: Switching to a new religion is another reason for filing for divorce.
Mental Illness: If one spouse has a mental illness that makes it difficult to cohabitate, a divorce petition may be filed with the help of an Indian divorce attorney.
Renunciation of the world: If one partner chooses to renounce the world, giving up all worldly goods, viewpoints, and ideas while refusing to follow any particular religion, the other spouse may apply for divorce in court.
Leprosy: A skin condition that spreads easily and causes bodily devastation, leprosy is a strong case against divorce.
Presumption of death: If the other spouse hasn't been heard from for seven years and is thought to be dead, the other spouse has the right to petition for divorce.
Contagious disease: If one partner has an illness that can be transmitted through physical touch, it will be difficult to continue a relationship.

Procedure:

File a petition: After seeking divorce advice and selecting the appropriate court, the petitioner must draft a contentious divorce petition outlining the issues and problems that have arisen as a result of the marriage as well as the grounds on which the petitioner desires to file for divorce. After the court receives the divorce petition and legal notice of divorce, the other spouse will be served with a summons informing them of the divorce filing.
Party's response: After receiving the summons, the opposing party must reply to the petition outlining their viewpoint on a one-sided divorce. The court may decide based only on the evidence presented by one side if the opposite party does not show up for the hearing.
Mediation: The informal dispute resolution procedure of mediation is supervised by a trained neutral third party, the mediator. Bringing two parties together to discuss issues, resolve any misunderstandings, and reach a resolution is the aim of mediation. The process is not required.
Evidence and proof: When the judge rules, that is a point of adjudication. The court may request any proof or information relevant to these issues. The evidence should be presented by the petitioner's spouse first. Cross-examination is done by the lawyer for the opposing party. The answering party presents their evidence next, and then the court deliberates the case and hears the closing argument.
Final argument: After the evidence is presented, the parties will hold their final arguments.
Decree: After hearing all of the arguments, the court makes a final determination and delivers a biased divorce order. After contemplating the possibilities of divorce, the couple signs the divorce documents. The marriage has been formally dissolved following the completion of the separation.

If the petition is filed in Gurgaon then divorce lawyer in gurgaon should be appointed. In the same way, a divorce lawyer in noida should be chosen if the petition is submitted there. Moreover, divorce lawyer in delhi should be appointed if the petition is filed in Delhi.