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Consent divorce having proofs talking with another girl
11-Mar-2025 (In Divorce Law)
my frnd need to file consent divorce her husband caught talking with another girl she collected all chats and pictures and she was married 16 years having child at 17 years still she is suffering husband family torture and he will not leave her but she cant stay with him
Your friend can file for divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955 (if she is Hindu) or under the relevant marriage law applicable to her religion. Since she has been married for 16 years and has a child, the process will involve child custody and financial settlements.
Steps to File for Mutual Consent Divorce:
Discuss & Agree on Terms:
Since her husband doesn’t want to leave her, she needs to convince him to agree to divorce.
If he agrees, they can mutually decide on child custody, alimony (if any), and property division.
If he refuses, she may have to file a contested divorce instead.
Draft the Joint Petition:
A lawyer will draft a divorce petition stating that both parties have been living separately and cannot continue the marriage due to irreconcilable differences.
Both will sign and file it in family court.
First Motion Hearing:
The court records both parties' statements and grants six months cooling-off period (which may be waived in some cases).
Second Motion & Final Order:
After six months, both need to appear in court again for final confirmation.
If the court is satisfied, the divorce is granted.
If Husband Refuses Mutual Consent Divorce:
Since she is facing torture and emotional abuse, she can file a contested divorce under cruelty (Section 13(1)(ia) of the Hindu Marriage Act).
She can also file for domestic violence relief under the Protection of Women from Domestic Violence Act, 2005 to seek protection and financial support.
If she is facing extreme harassment, she may file a police complaint under Section 498A IPC (Cruelty by Husband & In-laws).
Additional Considerations:
Child Custody: Courts generally prefer to give custody to the mother, especially if the child is young.
Financial Support: She can claim maintenance for herself and the child under Section 125 CrPC.
Would you like help in drafting the mutual consent divorce petition or guidance on contested divorce options?
Helpful?
Adv. Mrudhula Jahnavi
Serilingampally | 200+ Answers
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