TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    As Islam Turns Liberal in Saudi and UAE, When Will India Break Free from the Walls of Orthodoxy?

    As Islam Turns Liberal in Saudi and UAE, When Will India Break Free from the Walls of Orthodoxy? Trump’s Visit Sparks a Crucial Debate

    Why the PMO Must Take the Cockpit of India’s Jet Program?

    Why the PMO Must Take the Cockpit of India’s Jet Program?

    Celebi Stock Crashes 10% After India Revokes Security Clearance Over National Security Concerns

    Celebi Stock Crashes 10% After India Revokes Security Clearance Over National Security Concerns

    Government Seizes Saif Ali Khan’s Bhopal Properties Under Enemy Property Act

    Government Seizes Saif Ali Khan’s Bhopal Properties Under Enemy Property Act

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    The Silent Revolution: How Quantum AI Is Rewriting Cybersecurity, Finance, and Warfare

    The Silent Revolution: How Quantum AI Is Rewriting Cybersecurity, Finance, and Warfare

    Designing For Impact: Create Exceptional Small Businesses Marketing Materials

    Designing For Impact: Create Exceptional Small Businesses Marketing Materials

    Things You Need to Consider Before Choosing an L&T Finance Two-wheeler Loan

    Things You Need to Consider Before Choosing an L&T Finance Two-wheeler Loan

    Crypto Trading Signals Explained: A Comprehensive Guide

    Crypto Trading Signals Explained: A Comprehensive Guide

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Why the PMO Must Take the Cockpit of India’s Jet Program?

    Why the PMO Must Take the Cockpit of India’s Jet Program?

    Made in China, Destroyed by India: How Operation Sindoor Crushed China-Pakistan’s War Gamble

    Made in China, Destroyed by India: How Operation Sindoor Crushed China-Pakistan’s War Gamble

    India, Pakistan Military Commanders (DGMO) to Hold Key Talks Post-Ceasefire Understanding

    India, Pakistan Military Commanders (DGMO) to Hold Key Talks Post-Ceasefire Understanding

    The Demand of ‘de-escalation’ Is a Shield for Terror, Not a Call for Peace

    The Demand of ‘de-escalation’ Is a Shield for Terror, Not a Call for Peace

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    European Union

    European Union : The Colonial Karma Strikes Back

    Operation Sindoor still on: India neutralises Pakistan’s Chinese-made HQ9 Air Defence System in Lahore

    Operation Sindoor still on: India neutralises Pakistan’s Chinese-made HQ9 Air Defence System in Lahore

    UNSC

    UNSC Rejects Pakistan’s Anti-India Narrative, Demands Accountability for Pahalgam Terror Attack

    Credit: ANI

    India Japan Defence Meet: Pahalgam Attack Sparks Renewed Solidarity

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    How to Decide Between Amity and Manipal for Your Online MBA Journey

    How to Decide Between Amity and Manipal for Your Online MBA Journey

    Mughals, Delhi Sultans Out, Fresh Chapters on Indian Rulers, Mahakumbh Introduced: NCERT revises Class 7 books

    Mughals, Delhi Sultans Out, Fresh Chapters on Indian Rulers, Mahakumbh Introduced: NCERT revises Class 7 books

    Role of Consultants to Study in Ireland: How to Choose the Right One?

    Role of Consultants to Study in Ireland: How to Choose the Right One?

    The Complete Guide to Education Loan Interest Rates in 2025

    The Complete Guide to Education Loan Interest Rates in 2025

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Erectile Dysfunction: Separating Fact from Fiction Before You See That Sexologist Doctor in Bangalore

    Erectile Dysfunction: Separating Fact from Fiction Before You See That Sexologist Doctor in Bangalore

    Which Casino Game Actually Fits You?

    Which Casino Game Actually Fits You?

    The Thrill of Competition: Why We Love High-Stakes Moments in the Online Casino Malaysia

    The Thrill of Competition: Why We Love High-Stakes Moments in the Online Casino Malaysia

    The Fashion and Modernity Shown by Borsa Elisabetta Franchi

    The Fashion and Modernity Shown by Borsa Elisabetta Franchi

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    As Islam Turns Liberal in Saudi and UAE, When Will India Break Free from the Walls of Orthodoxy?

    As Islam Turns Liberal in Saudi and UAE, When Will India Break Free from the Walls of Orthodoxy? Trump’s Visit Sparks a Crucial Debate

    Why the PMO Must Take the Cockpit of India’s Jet Program?

    Why the PMO Must Take the Cockpit of India’s Jet Program?

    Celebi Stock Crashes 10% After India Revokes Security Clearance Over National Security Concerns

    Celebi Stock Crashes 10% After India Revokes Security Clearance Over National Security Concerns

    Government Seizes Saif Ali Khan’s Bhopal Properties Under Enemy Property Act

    Government Seizes Saif Ali Khan’s Bhopal Properties Under Enemy Property Act

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    The Silent Revolution: How Quantum AI Is Rewriting Cybersecurity, Finance, and Warfare

    The Silent Revolution: How Quantum AI Is Rewriting Cybersecurity, Finance, and Warfare

    Designing For Impact: Create Exceptional Small Businesses Marketing Materials

    Designing For Impact: Create Exceptional Small Businesses Marketing Materials

    Things You Need to Consider Before Choosing an L&T Finance Two-wheeler Loan

    Things You Need to Consider Before Choosing an L&T Finance Two-wheeler Loan

    Crypto Trading Signals Explained: A Comprehensive Guide

    Crypto Trading Signals Explained: A Comprehensive Guide

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Why the PMO Must Take the Cockpit of India’s Jet Program?

    Why the PMO Must Take the Cockpit of India’s Jet Program?

    Made in China, Destroyed by India: How Operation Sindoor Crushed China-Pakistan’s War Gamble

    Made in China, Destroyed by India: How Operation Sindoor Crushed China-Pakistan’s War Gamble

    India, Pakistan Military Commanders (DGMO) to Hold Key Talks Post-Ceasefire Understanding

    India, Pakistan Military Commanders (DGMO) to Hold Key Talks Post-Ceasefire Understanding

    The Demand of ‘de-escalation’ Is a Shield for Terror, Not a Call for Peace

    The Demand of ‘de-escalation’ Is a Shield for Terror, Not a Call for Peace

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    European Union

    European Union : The Colonial Karma Strikes Back

    Operation Sindoor still on: India neutralises Pakistan’s Chinese-made HQ9 Air Defence System in Lahore

    Operation Sindoor still on: India neutralises Pakistan’s Chinese-made HQ9 Air Defence System in Lahore

    UNSC

    UNSC Rejects Pakistan’s Anti-India Narrative, Demands Accountability for Pahalgam Terror Attack

    Credit: ANI

    India Japan Defence Meet: Pahalgam Attack Sparks Renewed Solidarity

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    How to Decide Between Amity and Manipal for Your Online MBA Journey

    How to Decide Between Amity and Manipal for Your Online MBA Journey

    Mughals, Delhi Sultans Out, Fresh Chapters on Indian Rulers, Mahakumbh Introduced: NCERT revises Class 7 books

    Mughals, Delhi Sultans Out, Fresh Chapters on Indian Rulers, Mahakumbh Introduced: NCERT revises Class 7 books

    Role of Consultants to Study in Ireland: How to Choose the Right One?

    Role of Consultants to Study in Ireland: How to Choose the Right One?

    The Complete Guide to Education Loan Interest Rates in 2025

    The Complete Guide to Education Loan Interest Rates in 2025

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Erectile Dysfunction: Separating Fact from Fiction Before You See That Sexologist Doctor in Bangalore

    Erectile Dysfunction: Separating Fact from Fiction Before You See That Sexologist Doctor in Bangalore

    Which Casino Game Actually Fits You?

    Which Casino Game Actually Fits You?

    The Thrill of Competition: Why We Love High-Stakes Moments in the Online Casino Malaysia

    The Thrill of Competition: Why We Love High-Stakes Moments in the Online Casino Malaysia

    The Fashion and Modernity Shown by Borsa Elisabetta Franchi

    The Fashion and Modernity Shown by Borsa Elisabetta Franchi

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
No Result
View All Result
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
  • Economy
  • Defense
  • Geopolitics
  • Knowledge
  • Law
  • Lounge

How To Get Divorce In India Without Mutual Consent?

Vishakha Srivastava by Vishakha Srivastava
16 April 2025
in Law
How To Get Divorce In India Without Mutual Consent?
Share on FacebookShare on X

Under the Hindu Marriage Act, of 1955, divorce can be sought in two primary ways: by mutual consent or by contention (without mutual consent). Divorce by mutual consent occurs when both spouses agree to end their marriage amicably. They must jointly file a petition before the court, stating that they have lived separately for a specific period (usually one year or more) and are unable to live together, to dissolve their marital bond.

On the other hand, divorce by contention arises when one spouse unilaterally seeks to end the marriage on legal grounds provided under personal or religious laws. These grounds include cruelty, adultery, desertion, conversion to another religion, unsoundness of mind, and other recognized causes. The aggrieved spouse must file a petition in the appropriate tribunal or court, substantiating the claim with evidence. Courts cannot grant divorce arbitrarily; a valid legal cause is essential for granting a decree of divorce under the law.

RelatedPosts

The Significance of Saptapadi: Allahabad High Court’s Game-Changing Verdict

The mayhem of maintenance in Indian Courts

Load More

A Brief Look at the Concepts of Talaq in India & List of Some Good Grounds for Divorce.

The grounds for divorce in India, as per various personal laws and legal precedents, include the following:

These Rights Are applicable to Both husband and wife.

1. Engaging or being involved in sexual intercourse outside the wedlock.Though not a criminal act since Joseph Shine vs Union of India (2018), remains a ground for divorce.

2. Misconduct involving both verbal and physical abuse that hinders living together

3. Sexual demands from the partner which is forced

4. Physical abuse of spouse or children.

5. Desertion by the other spouse for not less than two years without reasonable justification or the consent of the injured spouse.

6. The spouse can seek divorce if one partner changes their religion apart from Jainism, Buddhism, or Sikhism.

7. Disease or mental illness that cannot be treated, or that renders it unbearable to live together with the other spouse.

8. Divorce can also be given because one of the spouses has a communicable sexually transmitted disease.

9. Apostasy or becoming a monk, qualifies for an absolute divorce.

10. In cases where a spouse cannot produce the other spouse for seven years, then a spouse can seek a divorce.

Extra Grounds Exclusive Only to Women for grounds of divorce:

1. If the husband has more than one wife then the wife can file a petition of divorce under section 13 of the Hindu Marriage Act, 1955. the wife can seek divorce under the Hindu Marriage Act, of 1955.

2. Husband Is Capable or Accused of Rape or Sodomy

3. If he willfully refuses to cohabit with her, then she may obtain a divorce after one year and without the consent of her husband.

4. A girl who got married under a certain age (below the age of 15), can cancel the marriage when she is 18 years old. The wife can seek divorce under the Hindu Marriage Act, of 1955.

Key Legal Precedents

1. Joseph Shine vs. Union of India (2018): Adultery was legalised but is still an acceptable reason for the dissolution of a marriage.

2. Cruelty Amendment (1976): New cruelty as a reason for dissolution of marriage under the Hindu Marriage Act.

All these grounds make sure that people seeking shelter from marital conflict receive protection of their dignity and rights.

The procedure for divorce:

Step 1: The initial procedure of going for contested divorce requires reaching a qualified lawyer so he/she can represent your case and help you.

Step 2: Step Two is to write a petition for divorce to be filed at the family court in the jurisdiction where you reside.

Step 3: The next process that follows the filing of a petition is the issuance of summon to the Respondent. As per the date of the Hon’ble Court, both parties have to present in the court itself.

Step 4: once the two parties have filed a petition and reply the trial begins and the court hears both parties together with witnesses and evidence.

Step 5: The last step which is the final order, the court finalises the divorce and ends the case.

In What Way Can A Lawyer Assist In This Case?

Procuring a divorce without the consent of the other party is very easy if the right lawyer is hired. This procedure should be done under the supervision of a lawyer, here you need his or her help. Experienced lawyers can be of great help to you in several ways. To ensure you get the best legal support, consulting famous divorce lawyers in bangalore can provide you with the expertise needed to navigate the complexities of the divorce process.

Dissolution of marriage without consent is slightly more challenging than dissolution of marriage by consent. This kind of issue requires a lot of experience to handle and satisfy the court on the ground.

As far as a client’s legal representation is concerned, most people look for an experienced lawyer and there is a general mistake that people make that they only consider either the experience or age of the lawyer. People often inquire about a lawyer’s age or how long they have been practicing law. While these questions may seem relevant, relying solely on a lawyer’s age or years of practice to gauge their competence can be misleading. Experience, though valuable, is not the only measure of a lawyer’s capability. What truly matters is their understanding of the law and their ability to apply it effectively to handle cases.

A proficient lawyer stays updated with changes in legal statutes, precedents, and procedures. Laws evolve, and so must the lawyer’s knowledge. Therefore, when choosing a lawyer for your case, it’s crucial to assess whether they are well-versed in current laws and capable of leveraging them to your advantage. The ability to adapt, strategize, and deliver results based on the latest legal framework is what distinguishes a truly skilled lawyer from the rest.

Tags: divorce lawHindu Marriage Actlegal rights
ShareTweetSend
Previous Post

Japan to Gift E5 and E3 Shinkansen Trains to India for Bullet Train Project; E10 Series Expected by 2030s

Next Post

Retail Inflation Falls to Lowest Since 2019 at 3.34%, Driven by Cheaper Food

Related Posts

Supreme Court
Law

Courts Must Remain Open To Constructive Criticism: SC says even subjudice issues can be debated by people and Press

10 May 2025

In a major push for freedom of speech and expression, the Supreme Court, on Thursday, stressed the importance of...

Resign or Face Impeachment: Justice Yashwant Varma indicted by SC’s in-house panel
Law

Resign or Face Impeachment: Justice Yashwant Varma indicted by SC’s in-house panel

7 May 2025

The Supreme Court’s in-house committee that was formed to probe the alleged discovery of cash at Justice Yashwant Varma's...

Supreme Court
Law

“Highhandedness”: Supreme Court Rebukes Punjab Govt Over SYL Canal Dispute

6 May 2025

In a stern criticism, the Supreme Court of India criticized the Punjab government for its persistent opposition to the...

Load More

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

I agree to the Terms of use and Privacy Policy.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Currently Playing

Pakistan needs money from IMF to feed their people

Pakistan needs money from IMF to feed their people

00:15:20

Vacate PoK and more: Steps Pakistan needs to take to avoid Indian military action

00:06:36

Taking The Wire’s Propaganda Piece on VP to the Cleaners – Feat. Prof. Kapil Kumar

00:09:19

Rahul Gandhi Undermines India’s Electoral Integrity as Trump Applauds It

00:07:09

Why Pakistan army chief reminds two nation theory| what is the plan| Waqf Bill |Asim Munir| Jinnah

00:13:02
Facebook Twitter Instagram Youtube
tfipostTfipost.com
Right Wing | News Analysis | Indian Opinion
  • About us
  • Careers
  • Brand Partnerships
  • Terms of use
  • Privacy Policy
  • Sitemap

©2025 TFI Media Private Limited

No Result
View All Result
  • Premium
  • Politics
    • Analysis
    • Opinions
    • Trending
  • Economy
    • Business
    • Finance
  • Defense
    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
TFIPOST हिन्दी
TFIPOST Global

©2025 TFI Media Private Limited