Even without mutual consent, a person may seek a contested divorce on a ground available under the applicable law. The other party’s refusal alone does not prevent a petition, but a legal ground and supporting evidence are required.
Section 13 of the Hindu Marriage Act provides grounds including cruelty, desertion and other specified grounds. For a ground such as desertion, the required period and elements matter. Mere differences or a desire to live separately is not, by itself, a sufficient ground for divorce in every court. The requirements under other personal laws may differ.
What should you do now?
- Identify the grounds available under the applicable marriage law and the dates of the relevant events.
- Gather messages, medical records and other lawful evidence.
- Consider interim needs along with the process for filing the petition, service, the response and evidence.
Which documents should you keep?
Details of the marriage, a chronology of events, residence details, relevant communications and previous orders.
Avoid this mistake
Adding false allegations or obtaining private records unlawfully may harm the case.
A hypothetical example
One spouse says they will never consent. If the other spouse has a ground under the applicable law and supporting evidence, they may consider filing a contested petition. The outcome is not determined merely by one statement of opposition or consent.
Will a divorce be granted immediately if the other party does not appear in court?
No. Even after proper service and the court process, the petitioner must prove the ground relied upon.
Legal grounds and useful source
This is general legal information. Advice may differ depending on your facts, the applicable law and state rules.