Is One-Sided Divorce Possible in India?

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.

Is One-Sided Divorce Possible in India
Is One-Sided Divorce Possible in India

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.

How to Install Asphalt Shingles: Step-by-Step Guide & Tips

Learn How to Install Asphalt Shingles with this step-by-step guide. Get expert tips on tools, techniques, and best practices for a durable roof.

How to Install Asphalt Shingles
How to Install Asphalt Shingles

The complexity of roofing becomes easier to handle after learning its fundamental aspects.  This document explains asphalt shingle installation methodology by focusing on the main procedures together with each element’s function.

Professional training becomes essential because this information serves an educational purpose only.

The job of roofing presents serious risks that must always be addressed first. Workers who perform tasks at elevated positions need both suitable training programs along with essential protective equipment. Following and maintaining all safety regulations together with local building regulations is crucial. Hiring Maui roofing experts ensures that safety protocols are strictly followed while delivering high-quality roofing solutions tailored to the region’s unique climate conditions.

Water drainage using gravity is the fundamental operating principle of roofs with slopes.  Every roofing component gets overlapped for proper water drainage in descending directions. The basic concept behind “shingle” relates to overlapping structures.

To achieve a successful installation of shingles the roof deck requires smoothness along with dryness and secure fastening.  A deck in perfect condition produces a level roof with a finished appearance.

The installation process begins by working from the eave downward toward the roof peak.  The initial stage consists of the drip edge that stops water from harming the bottom edge of the deck.

Property owners in cold regions should install an ice and water protector membrane above the drip edge for protection.  The self-adhering membrane creates a seal at nail points to stop the formation of ice dams.  The flashing material extends upward towards the wall for at least 24 inches. The membrane should be applied to valleys during installation.

The second protective layer of roof installation is underlayment which consists of asphalt-saturated felt or synthetic material. The application requires laying horizontal courses on top of the ice and water protector and valley flashing. The drip edge which protects against wind uplift must be placed above the underlayment on the rakes.

Special care must be taken for valleys because this is where roof sections intersect. Open valleys should utilize metal flashing when installed. Shingles completely cover the areas that constitute closed valleys.  Open valleys need an ice and water protector with a 36-inch width situated in the middle then a metal valley liner with 24-inch width.  The installation area receives markings through the use of chalk lines for shingle trimming.

Installation of metal or membrane flashing serves as a vital protection method for openings where chimneys, vents and skylights exist. The system functions to redirect water from exposed vulnerable zones.

Construction of shingle roofs starts with a starter course that uses either special cut shingles or cut shingles along the eave. The shingle starter course functions as a protective seal that protects joints. The manufacturer guides you through requirements for shingle exposure and course offset and nail placement.  Proper nailing plays an essential role in achieving wind resistance while ensuring warranty protection.  During shingle installation technicians handle closed valleys by trimming and adhering the shingles in place.

Ridge caps serve to cover the highest point of a rooftop.  Ridge cap shingles have special features that are installed with overlapping patterns that run against the direction of prevailing wind movements.  Special longer nails are necessary to penetrate both the ridge cap and the shingles underneath it. Seal all nail heads on the finishing piece.

Successful roof installation demands practical experience together with professional training and practical experience besides providing valuable insight.