Answer:
Yes, husband can file divorce without wife’s consent in India. But it will not be a divorce by mutual consent. It will be contested divorce.
In divorce by mutual consent both husband and wife have to agree to part ways. According to Section 13B of Hindu Marriage Act “every divorce petition by mutual consent” shall be presented by husband and wife jointly.
If wife is not agreeing to divorce then husband can still approach the Family Court with contested divorce petition on legally valid grounds. Divorce can be sought by husband or wife by filing a petition for divorce in Family Court on grounds like cruelty, desertion, adultery, conversion, mental disorder etc. as listed in Section 13 of Hindu Marriage Act.
So, wife’s consent is not necessary to file a divorce petition. But family court will not grant divorce just because husband wants it. He will have to prove legal grounds with supporting documents, facts and evidence.
If wife defends the case, then court will allow her to be heard also. If she doesn’t show up in court after being given proper notice, then court may pass orders ex parte, but husband will still have to prove his grounds.
How Can Advocate BK Singh Help You
Advocate BK Singh can analyze your facts, advise you on the proper legal ground for divorce, draft contested divorce petition, help you prepare evidence, represent you in Family Court proceedings, reply to false cases filed by your wife, and guide you about related issues like maintenance and divorce, alimony, child custody, Matrimonial and domestic violence cases, anticy 498A, and possibilities of settlement.
If your wife is refusing divorce, Advocate BK Singh will help you figure out if contested divorce or mediation/settlement is your safer legal option.
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