As per myths and what is being served on the television, the consent of both parties is necessary. But this is not the truth of the day as now taking divorce without the consent of either party has become much easier. The divorce can be filed even if the other party doesn’t agree for it.
As a matter of the fact, the one spouse can file in case the other one is not giving the consent. There are many reasons due to which feel the need for divorce without the spouse’s consent. Some of them are:
- You have no connection with your spouse
- You are afraid of your safety
- You aren’t aware that where the spouse is living
- You are not able to convince another party for the divorce
- You are being forced to stay in the marriage
What Can Be the Grounds for Divorce Without Mutual Consent?
If the other spouse indulges in a sexual activity with someone else after the marriage. This is the most solid ground for the divorce as per Hindu Marriage law.
- The other party is treating the partner with a cruelty that can be both physical and mental.
- The one spouse has deserted the divorce seeker for two or more years.
- The other spouse is forced to convert the religion.
- If the other party is of unsound mind or suffering from a long term mental illness. In such case, the divorce decree can be filed even without the consent.
- If the other party is suffering from incurable leprosy.
- The other party is having a communicable disease.
- The spouse has renounced the world due to religious reasons
- If another spouse is no news of living or dead for more than seven years.
Steps to File the Divorce Without Consent:
First step: Consult with your lawyer
First, discuss your case with a family lawyer of your state. Though it is said that the lack of consent can cause a delay in the divorce, there is no such proven fact. It is never too easy to get a divorce whether is with or without consent, as their several important aspects are associated with it. The can directly file a divorce petition after consulting with your lawyer.
Second step: Filing Divorce
The next step of divorce petition includes services of summons. Summon is send to notify that the divorce has initiated from the other party. The party to whom summon has been sent must reply to summon by being physically present before the court.
Step 3: Response to the divorce petition:
The one who files divorce needs to wait for the response for a specified period of time. The party who is not favoring the divorce petition can raise their objections over the grounds of divorce and can send a plea for their own demands and requests.
Step 4: Trial period:
For this both the parties needed to be present for the trial period. Once both the spouses show their presence in the courtroom. The court then considers the petition and the points as well as grounds described on it. In the trial session, both parties can show their evidence and witnesses for the same.
Step 5: Temporary Orders
In the next step, the court passes the temporary order regarding the divorce-related aspects such as custody, child alimony, and maintenance and more. The orders are enforced till the final judgment and changes can be made as per the need of the case
Step 6: Final Order
In the last step, the court announces the final decision for the divorce petition. The court passes the order of dissolution of marriage and then the case ends.
If you are looking for legal help to file a divorce case without the consent of your spouse and there is no scope left in the case, reach the team of Delhi lawyers. The team includes few of the best divorce lawyers serving in Delhi. We ensure the smooth completion of your divorce case and help you attain the fair settlement. You will also be guided through the essential precaution needed to be taken and the way you can get your divorce final in the least possible time so that both your money as well as efforts can be saved.