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How can i get a mutual consent divorce


15-May-2023 (In Divorce Law)
My husband and I (hindus) have been living separately for almost a year now and have met a few times in between. But it seems that we cannot work out our differences and I need a divorce now. He is over possessive, dominating and has a personality disorder. He also expects to live off my and my family's money. How should I proceed because I don't think he will agree for a mutual divorce. Should I complain in the women's cell or try for a mutual divorce first? What if he complains after I inimate him that I want a mutual diviorce? What is the best way forward?
Answers (5)

Answer #1
879 votes
Mutual Divorce is possible only when two parties agree together for moving mutually.
If he is not agreeing, you can't move for mutual divorce. Try to have a serious talk together with the presence of matured people.
I think there is no serious issues between you. Problems are there everywhere, try to adjust with people in life. Misunderstandings can be solved if sufficient mediation is there.
Living separately for 1 year is enough for filing mutual divorce.
If you want other divorce, consult an advocate for the legal proceedings.

Regards,
M
Answer #2
921 votes
If both Husband and wife are agree to get divorce they can file Mutual consent Divorce petition. But in your case your husband will not agree for a divorce, you con't get file Mutual consent Divorce petition.
if you want Divorce from you Husband! you can file Divorce petition against your husband on the allegation of desertion and cruelty and other grounds u/s 13, 1(a) & (b)
Answer #3
873 votes
You file Petition fro Divorce under Section 13(i) (ia) of the Hindu Marriage Act. thereafter your spouse appear before the Court the case will sent to Mediation for Settlement mutually and you will get Divorce with in a short period.
Answer #4
889 votes
As a first step you try convince your husband along with your family members for filing mutual divorce petition. If he does not agree then file a contesting Divorce petition stating his personality disorder and other grounds. During the proceeding of the case he might change his mind and he can agree to give a divorce when the matter is referred for mediation for possible settlement at the instance of the court.
Answer #5
963 votes
Hi
The best way is to try to convince him to accept for a mutual consent divorce. If does not accept then u can file a petition for cruelty and contest the matter. In that application you can file an IA for Alimony, if u r not working file for maintenance as well and another interim application for litigation costs. You can also think of filing Domestic Violence case and dowry harassment.
Pratap, Advocate

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