How to get unilateral divorce? What is the process of getting a divorce? new divorce rules 2024

In our country, since ancient times, marriage is called a relationship of births. Keeping this belief in mind, many people face many problems to maintain their marriage in front of the society. Many couples in the society keep thinking about getting a divorce. to such people unilateral divorce (How to Take One Side Divorce) It becomes necessary to get information about the new rules. Many such people are even afraid of court work. Thus maintaining the marriage becomes a difficult task.

Many times the relationship between married people gets very bad. Lack of mutual time between husband and wife, clash of ego in both, complex relations after marriage force people to take divorce. You will get information about how to get unilateral divorce and the process of getting divorce under this article.

In taking a unilateral divorce, a draft of the divorce petition has to be prepared and submitted to the court. After this, unilateral divorce has to be given only on certain grounds, which are mentioned under Section 13 of the Hindu Marriage Act, 1955.

types of divorce

There are 2 ways to get a divorce, one is divorce with mutual consent and the other is unilateral divorce.

  • Divorce by mutual consent The process of taking and getting this type of divorce is very simple. The main reason for this is that in such cases both the parties agree to separate. Apart from this, there is no allegation or any debate in taking it.
  • Unilateral Divorce The process of such a divorce is very complicated. Since in this only one of the husband and wife wishes to take divorce but the other partner is not ready to give divorce. In such cases, the party desirous of seeking divorce has to present some facts, which would properly prove the condition of giving divorce.

certificate required in divorce

The way marriage certificate is obtained by attaching some certificates after getting married. Similarly, some special certificates have to be presented in getting divorce, these certificates are as follows –

  • identity card
  • any proof of marriage
  • 4 photos of wedding time
  • 3 years income tax statement
  • Profession and income details
  • Property and Ownership Details
  • Proof of separation for 1 year
  • proof of agreement
  • Other required certificates

Unilateral divorce condition

If divorce is being taken with the mutual consent of husband and wife, then getting divorce becomes very easy. But when it comes to unilateral divorce, then you have to apply for it and it is also a bit difficult. If a person wishes to take unilateral divorce, then he should know some of its grounds. Unilateral divorce can be taken on the basis of these. In unilateral divorce, there are situations that one of the husband or wife wishes to divorce but the other partner does not want to divorce. In such circumstances, the life of the first person becomes difficult.

Most of the husbands do not give divorce because of damages and alimony. So many times fear of image in the society is also a reason for people. Similarly, many wives are also afraid of giving divorce, because she is completely dependent on her husband socially, financially and mentally. Now living alone does not seem easy.

Grounds for Unilateral Divorce

In this way, it becomes necessary to know all the basic things which are helpful in taking unilateral divorce. The person has to present some grounds for ex-parte divorce in the court. All these grounds are submitted to the court in the form of an application. Only after being satisfied with these grounds, the divorce case will be taken forward. Keeping in view the circumstances of both the persons, divorce is granted to the husband and wife.

  • violence – If one of the spouses is the victim of physical or mental violence, then it is a ground for divorce. Such a person has to present evidence in the court.
  • to commit adultery If one of the partners has sex with another man or woman even after being married. This means that one of the spouses has physical relations with the third person. In this type of situation, it can be a big reason to get a divorce. In today’s era, both men and women work, so it has become an easy thing to have a relationship with a person in the outside world. If one of the husband and wife becomes attracted to the other due to estrangement or unfulfilled desire. And after this, physical relations are also being made between them, then it becomes a very solid ground for divorce.
  • Change of religion of husband or wife – Religion is given great importance in our country. A person keeps faith and trust in the religion he got from his parents and makes it the practice of his life. All people also get their marriage done according to the rituals and rituals fixed according to the religion. Religion is a very personal matter for everyone. In this way, if one of the spouses converts without taking the other into confidence or against his will, then this becomes a solid ground for unilateral divorce.
  • someone having an incurable disease The relationship between husband and wife is very close, because of this they have to share a lot with you. They eat, live and sleep together. In such a situation, if one of the husband and wife gets an incurable disease, then it can affect the other partner as well. In this type of situation, this disease becomes a big ground for divorce. Any incurable disease can be painful and life-threatening for the other partner. For this reason, such illness can be made the basis of divorce.
  • Take a retirement In order to run the household properly in the society, both husband and wife play an important role. But if one of the husband or wife accepts renunciation, then it becomes a big reason for divorce for the other. As we know that for a person who has taken sannyas, staying at home and having sex is prohibited. Along with this, even the general rules of the society cannot be implemented on a monk. Because of this type of person, the other person also has to be deprived of sexual pleasure and social customs. In such a situation, it becomes the basis of unilateral divorce.
  • Missing, , If one of the husband and wife has left the house and the other does not have any information about him. If the partner is not aware, it can be made the basis of unilateral divorce. If a person’s partner has gone somewhere without telling anything. The family has also searched for that person, but they are not able to find any news about him. If it has been a long time since that person left the house, then it can become a big ground for taking a divorce.
  • impotence Sexual dysfunction in either of the two is a solid ground for divorce.

Unilateral Divorce Procedure

Every claimant for divorce has to follow a set procedure. This process is explained in below steps –

  • Get the divorce certificate prepared – First of all, the claimant has to prepare a draft from his lawyer and present it in the family court along with all the certificates and the prescribed fee.
  • Send notice to your partner – Now a notice or summons will be sent to the other partner by the court. This document is usually sent by speed post. The main purpose of this notice is to inform the other party about the commencement of the divorce proceedings.
  • Husband and wife should appear in the court After receiving the notice, both the parties will have to appear in the court on the date fixed.
  • The case will be resolved by negotiation in the court. After receiving the notice, if the partner does not go to the court, then the matter becomes ‘one-sided’. The partner seeking divorce is given a decision according to the certificates submitted by him. If the other partner reaches the court on the date fixed after receiving the notice, efforts are made to settle the case through negotiations.
  • File a petition in the court If the case is not resolved even after the process of negotiation, then the partner filing the divorce case files a petition in the court against the other partner.
  • Written statements are written – After this, both the parties have to be heard and according to the evidence-certificates, the court gives its final decision. Keep in mind that in these types of cases, this process also becomes very long.

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Following points will be settled before giving divorce

  • If the divorcing couple have children, the custody of the child is also decided before the divorce is granted. If there is a dispute regarding this matter also, then the court will also give a decision regarding the custody of the child. In this decision, the court is going to keep the hit of the child paramount.
  • It also has to be seen whether that person will be able to give proper upbringing to the child or not. The Court also fixes the amount of maintenance for the child in this type of award. Apart from this, the court also gives decision to both the litigants in the case of property and ownership rights according to the law.

new rules for divorce 2024

The process of getting a divorce comes under these Acts –

  • Act Hindu Marriage Act 1955
  • Special Marriage Act 1954
  • Parsi Marriage Act 1936
  • muslim personal law
  • Indian Divorce Act

key points in divorce

If a person wishes to get a divorce, then he should pay attention to the following points –

  • Make up your mind before getting divorced from either of the two.
  • Make yourself courageous and fearless before filing a case.
  • Think about what you want between peace and money.
  • Do not withdraw your case regarding alimony.
  • Choose the best lawyer for divorce case.
  • Judges can also put pressure on you but you don’t have to take decisions under their pressure.
  • If you want, you can ask the judge for time to consider.

unilateral divorce related questions

What is divorce?

When married partners do not want to live with each other and end the relationship, it is called “divorce”.

After how long after marriage will there be a divorce?

You can apply for divorce only after 1 year of marriage. Court considers divorce only after 1 year of marriage.

Is there a certificate in divorce?

Yes, the certificates required for divorce are mentioned above.

What is alimony?

Court decides the amount of ‘alimony’ after looking at the financial condition of the husband. According to good or bad condition, the wife will get alimony.

How long will it take to get divorced?

You may have to wait for 6 to 18 months after you and your spouse file a case for divorce. Provided the petition filed to you is not returned.

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