Can you deny your spouse a divorce?
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Can you deny your spouse a divorce?
If your spouse refuses to sign the divorce papers and give consent, you must prove the breakdown of the marriage, such as adultery or physical/mental cruelty. If you can show evidence of this when the court hears your divorce application, then you may be granted a divorce.
What if only one party wants a divorce?
The truth is that if one person wants a divorce, it can happen. The court needs to agree to grant the divorce, not the other person in the marriage. As long as the necessary financial and legal issues get resolved, the divorce can be completed with one person never agreeing to it.
What are my rights as a wife in a divorce in India?
A Muslim wife is entitled to the dower or mehr agreed to at the time of marriage, and after divorce, she is eligible to maintenance till the iddat period. The Indian Divorce Act, 1869 governs the maintenance rights of Christian women, where the husband is liable to pay maintenance till a woman’s lifetime.