When one spouse refuses to agree, a one-sided divorce in India is still possible by filing a contested or ex-parte petition on a statutory ground such as cruelty, desertion, or adultery.
Options When the Other Spouse Refuses
- Contested divorce requiring proof of a legal ground
- Ex-parte decree if the respondent fails to appear
- Divorce by mutual consent later if both change their minds
Evidence and Strategy
A one-sided divorce in India demands solid documentary and witness evidence. Mental cruelty is now widely recognised and frequently relied upon by courts when granting relief.
Litigation may take time, but a well-prepared case protects your interests and those of your children.
Call FileX Advocates & Legal Consultants in Kolkata for a strategic view on a one-sided divorce.