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Nov 214 min read

What To Do If Forced Into A Divorce By Your Spouse?

The End Of A Marriage Marks A Big Movement In One's Life, And If It Is A Case Of Divorce Against One's Wish, It Adds Another Layer Of Distress And Complication. When It Comes To Divorce In Countries Like India, Where The Institution Of Marriage And Family Has Strong Foundations, It Is Comparatively More Difficult, Particularly If The Divorce Is Imposed On A Person. This Is Also Made More Complicated Because There Are Social, Legal, And Psychological Issues To Consider. In India, If Your Spouse Wants A Divorce; Compelled You For This, Knowing The Rights And Available Remedies Would Be Prudent In Dealing With The Situation To Protect Oneself.

Legal Grounds For Divorce In India


In India, The Marriage And Divorce Laws Depend On Various Reasons. 

  • Adultery: This Means Any Form Of Having An Affair Outside Of The Marriage Vows.

  • Cruelty: Also Known As Mental Or Physical Abuse.

  • Desertion: The Action Of A Person In A Marriage Leaving For An Extensive Period, Without The Return Of The Spouse.

  • Conversion: Changing To A Different Religion While Married Without The Spouse's Agreement.

  • Mental Disorder: When One Of The Partners Is Mentally Ill And Their Condition Is Beyond Any Available Treatment.

  • Venereal Disease: Catching An Infectious Sex-Related Sickness.

  • Renunciation Of The World: Where The Partner Willingly Chooses To Give Up The Worldly Pleasures.

  • Presumption Of Death: After The Spouse Has Been Results Of Missing For A Period Of 7 Years Or More Without Any Communication.


Examine Whether Divorce Is Being Forced Or Coerced:


There Are Variations For What It Means To Be ‘compelled’ To Seek A Divorce:

  • Emotionally Or Mentally Pressure: Such As Guilt, Manipulation, Or Even Threatening Someone’s Abrasive Behaviours.

  • Physical Or Financial Coercion: By Means Such As Threats Of Bodily Harm Or Taking Advantage Financially.

  • Social Pressure: Family Or Even Society Themselves Pressuring One To Go For A Divorce.

Coercive Behaviour Is A Very Important Issue That Needs To Be Understood Because It Is Very Much Illegal In India. If You Have No Option But To Fill The Divorce Papers Owing To External Circumstances Or A Person, Make Sure You Have Evidence Of Coercion. Preserve All Evidence, All Communications, Threats And Everything That Applies To The Use Of Force.


Seek Legal Advice And Representation:


When It Comes Down To Knowing Which Decisions Are Right And Which Ones Are Wrong, It Is Always Important To Have Someone Who Is Qualified In The Law. An Attorney Will:

  • Explain All Nuances And Assist With Breaking All The Barriers That Can Prevent You From Obtaining The Desired Objective.

  • Counsel You On How To Seek The Court's Remedy If Your Peace Is Shattered By Harassment Or Threats Of Violence.

  • Evaluate Whether The Reasons Presented By Your Spouse For Divorcing You Are Persuasive Enough.

  • Protect Your Position In Respect To Property, Spousal Support, And Children (If Any).


Know Your Rights:


In Indian Legislation, Any Act Of Duress Or Assault In All Its Forms (Be It Psychological, Physical, Emotional Or Financial) Has Legal Provisions In The Following: 

  • The Protection Of Women From Domestic Violence Act (2005), Enforced In India Assists Women Against Any Form Of Domestic Violence Including Providing Protection Order, Residence Order, And Monetary Compensation. 

  • Section 85 Of The Bharatiya Nyay Sanhita, Punishes The In-Laws And Spouses For Any Cruelty Or Harassment.


Engage In Counselling And Mediation:


  • At Times, Separation Petitions Can Be Provoked By Short-Lived Disagreements Or Poor Communication. A Trained Marriage Therapist Or A Mediator Can Help People Talk To One Another Without Ego, And In Some Cases, Can Help Resolve What Seems Quite Impossible Reconnecting. 

  • Therapy Tends To Shed Light On Issues Enabling Both Her And Her Spouse To Evaluate The Underlying Causes Of The Divorce Request.

  • Moreover, In Some Instances Of Divorce, Courts Order Mediation Before Allowing A Contested Divorce. 

  • This Means That Mediation Helps Resolve Issues Between Parties Without The Need For The Court's Intervention And Sometimes A Positive Outcome Is Achieved Without The Need For A Lengthy Legal Procedure.


File A Petition In Court To Challenge Forced Divorce:


If, However, Your Partner Insists On Dissolving The Marriage Despite A Thin Basis For Doing So, You Can Legally Oppose The Divorce.   This Type Of Divorce Allows For Telling One’s Side In Court Where The Judge Weighs Compelling Evidence Before Rendering A Verdict. A Few Vital Aspects To Look Into Are:

  • Gather Evidence: Any Documents Proving Marriage Was Intact With No Intent To Separate, Associating Or Notwithstanding Claims-Made, Financial Dependence, Or Support And Why Divorce Should Not Be Granted Should Be Prepared.

  • File A Response: A Statement Responding To The Petition For Divorce Containing Reasons And Counter-Arguments Shall Be Inserted Together With The Petition As An Attachment.

  • Attend Court Hearings: Ensure You Go For The Court Sessions With The Lawyer And Be Ready To Adduce Documents To Rebut Any Of The Assertions Made.


If These Reasons Do Not Pertain To Your Case, It Would Mean That Your Spouse Can Be Baseless In His Or Her Divorce Request And This May Protect You From Any Groundless Divorce.


One Can Talk To A Lawyer From Lead India For Any Kind Of Legal Support. In India, Free Legal Advice Online Can Be Obtained At Lead India. Along With Receiving Free Legal Advice Online, One Can Also Ask Questions To The Experts Online Free Through Lead India.


Source:-

Visit Us: — www.leadindia.law

Call Us: +91–8800788535

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