Divorce is one of the most emotionally and legally complex decisions a person can make. If you live in Kolkata and your spouse is unwilling to agree to end the marriage, you may be asking: “Can divorce be filed without spouse’s consent in Kolkata?”
The short answer is yes.
Under Indian law, you can file a contested divorce even if your husband or wife completely refuses to cooperate. Consent is only mandatory for mutual consent divorce — not for contested cases.
As someone who regularly appears before the Family Courts in Alipore and Barasat, I often guide clients through one-sided divorce proceedings. This detailed guide explains everything you need to know in 2026.
Table of contents
Open Table of contents
- Types of Divorce in Kolkata (West Bengal)
- Valid Grounds for Contested Divorce in Kolkata
- Where to File Divorce in Kolkata?
- What Happens If Your Spouse Refuses to Appear or Cooperate?
- Timeline – How Long Does Contested Divorce Take in Kolkata?
- Maintenance, Alimony & Litigation Expenses
- Important Legal Insight (2026)
- Frequently Asked Questions (FAQ)
- Final Thoughts
Types of Divorce in Kolkata (West Bengal)
There are mainly two ways to obtain divorce under Indian law:
1. Mutual Consent Divorce
- Filed jointly under Section 13B of the Hindu Marriage Act (or equivalent provisions in other personal laws)
- Both parties must agree on:
- Dissolution of marriage
- Alimony / permanent maintenance
- Child custody & visitation
- Division of property / stridhan
- If one spouse withdraws consent at any stage (even during the second motion), the case collapses.
2. Contested Divorce (Without Spouse’s Consent)
- Filed unilaterally under Section 13 of the Hindu Marriage Act (or relevant sections of Special Marriage Act, Indian Divorce Act, etc.)
- No agreement or permission from the other spouse is required
- You must prove one or more legally recognized grounds
- The court decides based on evidence — not on whether the other party agrees
Valid Grounds for Contested Divorce in Kolkata
You can file a contested divorce on any of the following grounds (most commonly used grounds are marked with ✔️):
- ✔️ Cruelty (mental or physical) — most frequently used ground in Kolkata
- ✔️ Adultery
- ✔️ Desertion for a continuous period of 2 years or more
- Conversion to another religion
- Mental disorder or unsoundness of mind
- Venereal disease in communicable form
- Renunciation of the world (sanyas)
- Presumption of death — not heard alive for 7 years
- Wife-specific additional grounds (under Section 13(2)):
- Husband has another wife living
- Husband guilty of rape, sodomy or bestiality
- Decree or order for maintenance passed and cohabitation not resumed for 1 year
Family Courts in Kolkata scrutinize evidence carefully — especially in cruelty and desertion cases.
Where to File Divorce in Kolkata?
Jurisdiction depends on any of the following:
- Place where the marriage was solemnized
- Place where the parties last resided together
- Place where the wife is currently residing (wife has additional right)
Most divorce cases in Kolkata are filed at:
- Principal Family Court, Alipore
- Additional Family Court, Barasat (especially for cases from North 24 Parganas, Salt Lake, New Town, etc.)
What Happens If Your Spouse Refuses to Appear or Cooperate?
Many people fear that if their spouse:
- Ignores court summons
- Avoids receiving notice
- Deliberately delays proceedings
- Refuses to attend hearings
…the case will never move forward.
This is not true.
The court follows a clear procedure:
- Summons are issued (usually through registered post + court process server)
- If the respondent avoids service → substituted service (publication in newspaper)
- If the respondent still does not appear → court may set the case for ex parte hearing
- You present your evidence (documents, witnesses, affidavits)
- If the court is satisfied → ex parte divorce decree can be passed
Refusal or non-cooperation does not protect a marriage that has broken down.
Timeline – How Long Does Contested Divorce Take in Kolkata?
| Stage | Typical Duration | Notes |
|---|---|---|
| Filing + Notice | 1–4 months | Depends on service of summons |
| Evidence + Cross-examination | 12–36 months | Longest phase |
| Arguments | 3–8 months | Depends on court workload |
| Judgment | 1–6 months | Writing & pronouncement |
| Total | 2–4 years (average) | Can be faster or slower depending on case |
Delays often occur due to:
- Frequent adjournments
- Counter-cases (498A, DV Act, maintenance, custody battles)
- Transfer petitions
- High pendency in Family Courts
Maintenance, Alimony & Litigation Expenses
Even in a contested divorce, the financially weaker spouse (usually the wife) can claim:
- Interim maintenance (during pendency)
- Permanent alimony (after divorce)
- Litigation expenses
Courts consider:
- Income & earning capacity of both parties
- Standard of living during marriage
- Age, health, education
- Financial liabilities & dependents
Important Legal Insight (2026)
Indian courts have repeatedly held:
“Consent of both parties is necessary only for divorce by mutual consent. In a petition under Section 13, the absence of consent of the respondent is immaterial if the petitioner proves the ground(s) alleged.”
If the marriage has irretrievably broken down and a valid ground is established, the Family Court has the power to dissolve the marriage — even against strong opposition.
Frequently Asked Questions (FAQ)
Can a husband file divorce without wife’s consent in Kolkata?
Yes. A husband can file a contested divorce under Section 13 of the Hindu Marriage Act if he can prove any valid ground (cruelty, desertion, adultery, etc.).
Can a wife file divorce without husband’s permission?
Yes. A wife can independently file for divorce without her husband’s consent on the same grounds — and she has additional grounds under Section 13(2).
How long does a contested divorce take in Kolkata?
On average 2–4 years, depending on evidence, counter-cases, and court pendency.
Can the court grant divorce if the spouse does not appear?
Yes. If the respondent fails to appear despite proper service of summons, the court can proceed ex-parte and pass a decree based on the petitioner’s evidence.
Is mutual consent mandatory for divorce?
No. Mutual consent is required only for mutual consent divorce (Section 13B). Contested divorce does not need the other spouse’s agreement.
Final Thoughts
Filing for divorce without your spouse’s consent is completely possible and legally recognized in Kolkata. While contested cases take longer and require strong evidence, they are the only option when one party refuses to cooperate.
If you are facing a situation where your spouse is unwilling to agree to divorce, timely legal consultation is crucial. The right strategy can significantly reduce delays, protect your rights, and help you move forward.
For personalized guidance on contested divorce in Kolkata, feel free to reach out.
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