Is a divorce possible in India if only one spouse files for it?

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Law Forum › Category: Divorce › Is a divorce possible in India if only one spouse files for it?
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Apni Law Staff asked 3 years ago

Is a divorce possible in India if only one spouse files for it?

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Apni Law Staff answered 3 years ago

Yes, a divorce is possible in India even if only one spouse files for it. This is known as a unilateral divorce. However, the court will consider the reasons for the divorce and may grant it only if the grounds for divorce are established according to the relevant laws.

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My partner and I are both working professionals and have been facing difficulties in our marriage. We’ve tried to work things out but haven’t been successful. We’re considering a mutual divorce. How long does this process usually take in India?

My sister married in 2016, but her husband has mental health issues. He had a breakdown just three months after the wedding when stressed. His family didn’t tell us about his severe depression before the marriage. My sister now has a four-month-old baby girl and wants a divorce. We asked the doctor for his medical records, but he refused to provide them.

My marriage is just a month old, but I’ve left my husband and am with my boyfriend. I’m afraid he might file a police complaint. Will they arrest us? I don’t want to be with him, I’ve always loved my boyfriend, and my family forced me into this marriage. Is there a way we can be together legally without facing police action? We can’t wait for a divorce, it’s a year-long process. What are our options? I’m really scared and don’t want to go back to my family, they’ll only side with him. Please advise, I need help!

We’ve been married for six years now, and sometimes I wonder if my husband still feels the same way about me. We don’t have children yet, and while he doesn’t seem interested in having them – he even avoids going to the doctor for a check-up – I recently found some emails with a college friend that seemed very intimate. He denies it’s anything serious, saying they’re just friends, but I’m not sure what to believe. What should I do?

My divorce case, filed in 2008, is still ongoing. Until 2011, my wife lived with my parents, where I now reside with our children. In 2011, she moved into my 3-bedroom flat in Dwarka. I’m looking for a solution to regain possession of the flat so I can sell it. She has tried twice, unsuccessfully, to get a stay order from the lower court. I also won a domestic violence case in January 2016. My children are with me at my parents’ home. How soon can I get my flat back and what’s the best way to proceed?

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