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Filed for Mutual Consent Divorce but now Husband is refusing to give D


11-Feb-2023 (In Divorce Law)
I got married in 2018, I was facing negligence from my husband since 2020, then I met my childhood friend who showed love interest towards me, but as I was married i found it wrong to encourage him and wanted to give a chance to my husband, I thought a kid will solve this problem and my husband will improve, but even during my pregnancy my husband had been negligent towards me and it had been worse staying with him and all this while my friend had been in touch with me through phone and gave me all mental and emotional support throughout my pregnancy and delivery, Now I fell in love with my friend and want to get married to him, my husband agreed for mutual consent divorce stating that he should get the child's custody to which I agreed. We applied for mutual consent 4months back but now he is refusing to come for hearings and counseling and refusing for divorce saying I want to stay with you, What should I do in this case as I don't want to stay with my husband anymore.
Answers (3)

Answer #1
754 votes
Dear queriest, as per your query you have mentioned that you had filed mutual consent divorce but the fact is he is not cooperating at the end now changing his decision towards. therefore it is suggested it's better you try to convince him if not then. we can file case under section 13 of thr Hindu Marriage act.
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Answer #2
765 votes
ok mutual divorce is done with consent of both the party. Introduction. Marriage is seen as a sacred lifelong alliance; it is not merely a relationship between two people, but also between two families. ... The provision of divorce on mutual consent is covered under Section 13B of the Hindu Marriage Act, 1955, and Section 28 of the Special Marriage Act, 1954
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Answer #3
738 votes
Hello advocate Minakshi Ovhal here. you can put an application for pass an order without his consent. because after filing mutual divorce application he withdrew his consent. or you can file contested divorce petition under ground of cruelty. and you can file DV case also. any more information you can call me. thank you
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