Separation of a married couple by legal or official means is called as divorce. Hence. divorce could be understood as an official separation recognized from the order of the court of law. Getting divorced through the court is already a lengthy as well as expensive procedure. Conditions have been provided by the legislature which are necessary to be fulfilled in order to get a divorce. The main objective of the court is to try for reconciliation between the parties mostly and divorce would be granted only if there is an irretrievable breakdown of marriage among the parties.
If the consent of the spouse will be required for divorce ?
In case when both parties to the marriage agree to separate their ways and file for divorce, it will be called as divorce by mutual consent.
However, it may not be possible for both parties to agree for divorce, in such a situation, either of the parties to the marriage can file for divorce even if his/her spouse is not willing to do the same, divorce in this case is called a contested divorce.
Thus, it is not important to have the consent of your spouse to file a divorce petition in the court of law
Grounds to file for contested divorce
Uncontested divorce could be filed when one spouse wants divorce while the other is not willing to do so. The law has provided some grounds based on which one can file for contested divorce. it has to be understood that these Grounds may vary e depending upon the religion of parties or the statute under which divorce has been filed. These personal laws include the Hindu Marriage Act, the Christian Divorce Act, Muslim Personal Laws, etc. Some of the grounds as provided under law are mentioned below-
Cruelty- both mental or physical cruelty could be grounds for divorce. As provided under the Hindu divorce laws, if one has the reason to believe that his/her partner's conduct is harmful or injurious in any way, there is sufficient ground for obtaining divorce due to cruelty by the spouse.
Adultery- though adultery is not a criminal offence any more, however, it is still a ground for divorce.
Desertion- in case a spouse leaves his/her partner without providing any reasonable ground, for a period of at least two years, a petition for divorce could be filed.
Conversion- if either of the partners has converted to some other religion.
Mental Disorder- In case the spouse is of unstable mind or some kind of mental disorder, which results in his/her disability to perform marital obligations, divorce could be granted.
Communicable disease- if either of the spouses has been suffering from a communicable disease such as HIV, gonorrhoeic, etc. the other partner can file for divorce.
Renunciation of the world-divorce could be granted if either of the spouses has renounced the world.
Presumption of death- if the spouse has not been heard of for a period of last 7 years by individuals who would have heard from him/her otherwise, then his/her partner could file for divorce.
Conclusion
From the above discussion, it could be understood that it is not important that both parties should agree to divorce. However, it would be a simple procedure to get divorce if both the parties have peacefully decided to sort their issues and have decided to separate their ways amicably. In case you wish to understand the legal provisions in a better way in accordance with your case, it is advised to seek the advice of experienced divorce lawyers in Gurgaon or divorce lawyers in Delhi or in your own city.
In case your partner is not agreeing to divorce and it is not possible to continue your marriage with him/her, you may file for a contested divorce with the assistance of experienced divorce lawyers in Cuttack or your city.
Lead India Law offers you a wide pool of experienced advocates who have been successfully handling cases related to divorce, maintenance, child custody, etc. In case you wish to ask a question or to seek free legal advice, you may contact us.
Commentaires