In India, a no-fault divorce generally refers to a situation where one or both spouses file for divorce without needing to prove that the other party was at fault (e.g., adultery, cruelty, desertion). Instead, the grounds for divorce may be based on the irretrievable breakdown of marriage or mutual consent, which are often referred to as no-fault grounds. However, it is important to understand that while such a divorce is possible under Indian law, there are still circumstances under which one party can contest a no-fault divorce petition.
Mutual Consent Divorce (Section 13B of Hindu Marriage Act, 1955): This is the most common form of no-fault divorce. In this case, both spouses agree to the divorce and file a petition together. They must show that they have been living separately for at least one year and that they are unable to live together as husband and wife.
Once the petition is filed, the court may grant the divorce after 6 months and 1 year (in some cases) to ensure the decision is not rushed. The court may grant a decree if both parties express that they have mutually agreed to dissolve the marriage.
Irretrievable Breakdown of Marriage: This ground allows for divorce without proving fault. However, it is not explicitly recognized under all personal laws in India, such as the Hindu Marriage Act. Although some courts have used it to grant divorce, it requires the consent of both parties and is often applied where the marriage has effectively ended, and there is no chance of reconciliation. There is, however, a movement to make it a specific legal ground for divorce.
Contesting Mutual Consent Divorce: If one spouse files for a mutual consent divorce, the other spouse can contest it, but the grounds for contesting would generally be limited. Here’s how:
Contesting Irretrievable Breakdown of Marriage: While the irretrievable breakdown of marriage can be a valid ground for divorce, it is not yet a statutory ground under all personal laws in India. Therefore, if one party claims the marriage has broken down irretrievably, the other spouse may contest the divorce, particularly if they believe reconciliation is possible or if they think the claim of a breakdown is exaggerated.
Delaying Tactics: In cases where the irretrievable breakdown is claimed, the contested party may try to delay the proceedings by showing that efforts for reconciliation are still being made or that the breakdown is not as severe as the other party claims.
In contested cases, the court will examine the facts carefully, and may encourage both parties to attempt reconciliation through counseling. The court is primarily concerned with ensuring that the divorce is not granted in cases of fraud, coercion, or misunderstanding.
Delay: If one party contests the divorce and the marriage has broken down irretrievably, the court might take steps to delay the divorce for a period of time (usually 6 months to 1 year) to allow for the possibility of reconciliation or to give both spouses time to consider their decision.
Some courts in India have started recognizing the irretrievable breakdown of marriage as a ground for divorce under certain circumstances. However, this is not yet explicitly codified across all personal laws, and the decision depends on the court's discretion. Some higher courts (e.g., the Supreme Court of India) have granted divorces based on this ground when both spouses agreed that the marriage could not be salvaged. But in cases where there is disagreement, it remains a ground open to contestation.
If a husband and wife file for a mutual consent divorce after living separately for over a year, but later the husband withdraws his consent, the wife can contest the withdrawal, and the divorce proceedings would likely be delayed. Similarly, if the wife claims that the husband’s withdrawal was due to coercion or pressure from her family, she may present this as a reason for contesting the divorce.
If the husband claims that the marriage has broken down irretrievably, but the wife contests this, the court may require both parties to attempt counseling or further reconciliation efforts before proceeding.
In India, a no-fault divorce (whether based on mutual consent or irretrievable breakdown of marriage) can be contested, but the grounds for contesting it are limited. A spouse can contest a mutual consent divorce if they withdraw consent or if they argue that the divorce was obtained through coercion, fraud, or undue influence. In cases where irretrievable breakdown of marriage is cited, a spouse can contest by arguing that reconciliation is still possible or that the breakdown is not as severe as claimed. The court will carefully consider the facts and may delay the divorce proceedings to encourage reconciliation or ensure that both parties are making informed decisions.
Answer By Law4u Team
Discover clear and detailed answers to common questions about Family Law Guides. Learn about procedures and more in straightforward language.
