Answer:
Yes, you can file divorce without spouse’s consent in India but it cannot be through mutual consent. It will be contested divorce against your spouse.
In mutual divorce case both husband and wife need to agree to part ways. Mutual consent divorce case for Hindu marriage is generally filed under section 13B of Hindu Marriage Act, 1955, where both husband and wife agree together and file case and appear before court together.
If your wife or husband is not agreeing for divorce you can still file divorce petition on one of the legally valid grounds. Husband or wife can claim divorce in India on grounds of cruelty, desertion for 2 years, adultery, conversion, mental disorder and some other legally valid grounds as per section 13 of Hindu Marriage Act.
So, technically your wife cannot prevent you from filing divorce case against her. But the judge will not grant you divorce just because you want it. You need to establish valid legal grounds on the basis of facts, documents and evidence you can produce in court. If she doesn’t appear in court despite being given proper notice by the court, then the court may allow the proceedings to be continued further, but you will still need to prove your grounds for divorce.
Exactly how can Advocate BK Singh help you?
Advocate BK Singh can assist you with the following. Assessing your facts to find out whether you can go for mutual divorce or contested divorce, identifying the proper legal ground for your case, drafting your divorce petition, collecting proofs and taking care of all Family Court procedures including dealing with objections and false allegations levelled by your spouse. We can also advise you on various related issues like claiming maintenance, child custody and visitation rights, alimony, defence against potential DV case from your wife, and various terms of settlement you can claim from your spouse.
Even if your spouse is not agreeing for divorce, you can have Advocate BK Singh look into the facts of your case and advise you on the safest legal option available to you before you proceed any further.
By Advocate BK Singh
Supreme Court | High Court | Tribunals
