What if one partner doesn't want a divorce in India?
Asked by: Miss Evangeline Fahey | Last update: March 18, 2026Score: 4.6/5 (46 votes)
If one partner doesn't want a divorce in India, the other can file for a contested divorce, which is a longer, more complex process than mutual consent, requiring proof of grounds like cruelty, desertion, or adultery under laws like the Hindu Marriage Act. The spouse refusing consent cannot be forced into a mutual divorce, but the filing spouse can pursue legal remedies by petitioning the family court, providing evidence for fault-based grounds, and potentially seeking remedies like Restitution of Conjugal Rights as a precursor.
Can a wife get divorce if another person refuses in India?
1. If your spouse has refused divorce then the only legal recourse available under the Indian law is to unilaterally file for divorce ie no fault divorce on the grounds available to you.
What if one person refuses to divorce?
In California, a spouse's refusal to sign divorce papers does not mean the divorce cannot proceed. California is a no-fault divorce state, which means that one spouse can initiate the process without requiring the consent of the other.
Can a man refuse to divorce his wife in India?
In India, what happens if a man refuses to divorce his wife? Under the Hindu law or the Special Marriage Act, if the husband refuses to sign the divorce papers , the wife on her own may institute a suit for divorce against her husband, which proceeding is likely to be defended by the husband.
Is one-sided divorce possible in India?
Ans. 1: Yes, one sided divorce is possible in India through the Hindu Marriage Act 1955 section 13(1) also known as contested divorce.
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What is GREY divorce in India?
The dissolution of marriages among couples aged 50 and above, known as grey divorce, is no longer an exception but a growing trend in India. It reflects a significant societal shift where older individuals are increasingly prioritising personal happiness and independence.
What if only one side wants a divorce?
Several major steps still have to happen before your divorce becomes final, but you cannot unilaterally stop the court from dissolving your marriage. If one spouse wants a divorce but the other doesn't, that is reason enough for the court to grant a divorce.
Can a wife stay separately without divorce in India?
Indian law has made separate conventions where if one couple wants to live separately without filing for divorce, they can do so. This is called judicial separation in the legal terms. It has been mentioned under section 10 of the Hindu Marriage Law.
How long does an Indian divorce take?
Average Timeline for a Contested Divorce in India
Typically, contested divorces can take anywhere from 2 to 5 years to resolve, depending on case specifics. However, some cases may be resolved sooner if there are fewer issues to dispute, while more complex cases with significant conflicts can extend beyond five years.
What happens if my partner doesn't want a divorce but I do?
If they have received the papers but have not replied, then you can still progress the divorce application, but you will just need to prove to the court, with evidence, that the other party has received the application and had the opportunity to respond.
Can I marry a second wife without divorce in India?
The Hindu Marriage Act (HMA), 1955 does not allow a second marriage in India without divorce. According to Section 5 of HMA, a valid marriage requires that neither party has a living spouse.
Who initiates 90% of divorces?
Among college-educated couples, the percentage of divorces initiated by wives is a whopping 90 percent. There's one slight issue with this statement: women tend to initiate divorce more than men in all relationships outside of even college-educated couples. In the US, it ranges between 65-70% in a given year.
What if husband is not ready for divorce in India?
Can a wife get a divorce if the husband refuses? Yes, absolutely. A wife can file for a contested divorce under grounds such as cruelty, desertion, adultery, mental disorder, or irretrievable breakdown of marriage. The court examines the facts, not the husband's willingness.
What not to say during separation?
Partner or ex-partner, you should never badmouth him/her. Especially in front of the kids. Never use the situation to gain the trust of the kids by badmouthing your ex-partner. Doing this means you'll be dragging them into the separation issue, talk to them, and reassure them that all will be okay.
What is a silent divorce in India?
Silent Divorce : When marriage ends without a word. Indian #law doesn't recognise emotional #separation as #divorce. You may live apart for years, but unless there's a #legal #decree you're still bound — legally, financially, emotionally. In a #landmark #2023 ruling, the Supreme Court in Shilpa Sailesh v.
What happens if one person refuses divorce?
If a spouse refuses to accept divorce papers in California, the divorce can still proceed — the refusal may cause delays but won't stop the process.