Yes, one-sided divorce is possible in India under specific legal grounds. Learn about the process, eligibility, and steps to file for divorce without mutual consent.

Divorce is the official legal procedure for ending a marriage. In India, it can be mutual (both partners agree) or one-sided (only one partner wants it). While mutual divorce is smoother, one-sided divorce can be emotionally and legally challenging.
What Is One-Sided Divorce?
A one-sided divorce happens when one spouse wants to end the marriage but the other does not. Consulting good divorce lawyers in bangalore can help you understand the legal process and strengthen your case. In such cases, the person seeking divorce must prove valid legal grounds in court.
One-Sided Divorce Laws in India
1. Hindu Marriage Act (1955)
A one-sided divorce can be granted for reasons like:
- Cruelty (physical or emotional abuse)
- Adultery (cheating)
- Desertion (partner leaves for 2+ years)
- Conversion (partner changes religion)
- Mental illness (severe psychological disorder)
- Infectious diseases (such as leprosy)
- Presumption of death (partner missing for 7+ years)
2. Muslim Law
- A husband can give a one-sided divorce through Talaq.
- A wife can seek divorce (Khula) under valid reasons allowed by the Dissolution of Muslim Marriages Act (1939).
3. Christian Marriage Act (1869)
Christians can seek divorce for reasons like:
- Adultery
- Cruelty
- Desertion
- Insanity
- Leprosy
4. Parsi Marriage & Divorce Act (1936)
One-sided divorce is allowed for:
- Adultery, cruelty, abandonment
- Insanity or incurable disease
- Forced conversion
5. Special Marriage Act (1954)
This applies to interfaith or civil marriages. The reasons for seeking divorce align with those in the Hindu Marriage Act.
How to File a One-Sided Divorce in India?
1. Check If You Qualify
You need a valid reason like cruelty, adultery, desertion, or mental illness.
2. Consult a Lawyer
A divorce lawyer can guide you on legal steps and paperwork.
3. Collect Evidence
Documents, messages, medical records, or witness statements help prove your case.
4. File a Divorce Petition
Your lawyer submits a petition to the Family Court where you or your spouse lives.
5. Notify Your Spouse
The court will send a notice to your spouse.
6. Court Hearings
If your spouse contests the divorce, both sides present evidence.
7. Judge’s Decision
The court grants the divorce if the reasons are valid. If the spouse disagrees, appeals can be filed, but the process continues.
Duration & Cost of One-Sided Divorce
Time Taken
- Simple cases: 6 months – 2 years
- Contested cases: 3–5 years or more (depends on court delays and appeals)
Costs Involved
- Legal Fees: Lawyer charges vary by case complexity.
- Court Fees: Filing and document submission fees.
- Other Expenses: Travel, expert fees, and evidence collection.
Key Court Rulings on One-Sided Divorce
- Article 142 (Supreme Court): Divorce cannot be forced if one spouse refuses.
- Cruelty & Adultery: Courts accept emotional and physical cruelty as valid reasons.
- Desertion: Must prove partner left intentionally and for 2+ years.
- Women’s Rights: Courts ensure fair treatment in divorce cases.
Conclusion
Yes, one-sided divorce is possible in India, but it depends on valid legal reasons and evidence. Different religions have different laws, and the process can be lengthy if contested. Consulting an experienced lawyer and understanding your rights can make the process smoother.