Procedure for mutual divorce when husband not consenting for it

961 votes

Your religion is important. Presuming you both are Hindus, mutual divorce is only with the consent of both the parties. But being a lady your wife can go tactically through legal procedures in order to secure a divorce from you. If you don't want that to happen, you need to take some legal steps in advance.. Anything further, you can call me

Advocate R. Madhuraj LawRato

628 votes

Divorce by Mutual Consent is the easiest way to get a divorce, in this both parties work out their terms on which they agree to part ways- file petition in the court, which is finalised in 6 months. However there may be cases where the decision to part may not be a mutual one, and it is only one party who considers the union to be troublesome and worth getting rid off. Such situations lead to Divorce being contested.

Divorce by Mutual Consent is as the name suggests is when both parties ie; husband and wife comes to a mutual understanding that the marriage be dissolved amicably. It is clear that one of the parties may withdraw their consent at any time before the passing of the decree. The most important requirement for a grant of divorce by mutual consent is free consent of both the parties. In other words, unless there is a complete agreement between husband and wife for the dissolution of the marriage and unless the court is completely satisfied, it cannot grant a decree for divorce by mutual consent.

The Conditions required under section 13B of the Hindu Marriage Act are as follows:
(i) Husband and wife have been living separately for a period of one year or more,
(ii) That they are unable to live together,
(iii) And that both husband and wife have mutually agreed that the marriage has totally collapsed, hence marriage should be dissolved.

Under these circumstances a Divorce by Mutual consent can be filed.

Advocate Ajay NS LawRato

789 votes

If you are not ready for the divorce she cannot file the joint petition and it cannot be allowed. If you really want to get your wife back you can file such a petition to the court . Without your consent wife cannot file the mutual divorce petition.

Advocate Sindu R Kurup LawRato

749 votes

It needs no elaboration that mutual divorce is not possible without your consent. You yourself admit the problems to be minor; if so, what prevents in attempting for a reconciliation. Please note that the Police has no role in the matter unless the ingredients of a crime are involved.

Advocate P Venu LawRato