How can i get mutual divorce from abusive husband?


What is the procedure for a mutual divorce? I have been married for about 2 years and there is no relation between me and my husband. He abuses me physically and verbally and is threatening me not to take any legal step against him. One night after her beat me up badly after drinking I left the house and in the meanwhile he shifted with his family to Bihar.

 

Now he claims that he has filed a divorce petition against me but I find no truth in that. What should I do? I do not want to stay with him.

 

Answer

 

Assuming you are a Hindu, your marriage will be governed by the Hindu Marriage Act 1955. Section 13 B of Hindu Marriage Act specifically deals with Divorce by Mutual Consent. Now coming to procedure of Divorce by Mutual consent, a petition supported with affidavits for divorce should be filed in the district court by both the spouses. The husband and the wife, who should jointly state to the court that they are unable to live together as they are facing immense difficulties in adjustment.

 

The filing of divorce petition by both the husband and the wife is legally known as the "The First Motion Petition for Mutual Consent Divorce". "The Second Motion Petition for Mutual Consent Divorce" mentioned in the sub-section (2) of Section 13 B is filed when the couple reappears to the court for the second time after a period of six months. If the judge is satisfied after a hearing from both the husband and wife, the court announces a mutual divorce decree.

 

We suggest that you should register a complaint against your husband under Section 498 A of the Indian Penal Code and the Protection of women from domestic violence act in your nearest police station and the CAW cell.

 

With respect to the claim of your husband that he has filed a Divorce petition, you do not need to worry about the same unless you get summons from the Court to appear for the hearing on a specified date. If this happens, you must appoint an Advocate and contest the same.

 

If you do not hear from your husband about the petition or do not get any summons, you may make the first move and file a Divorce petition either on mutual grounds (your husband will need to sign the petition as well) or under any of the grounds listed under Section 13 of the Hindu Marriage Act, 1955. By the circumstances mentioned by you, the most likely ground on which you may file a Petition is Cruelty which covers both mental and physical cruelty.

 

Kindly contact us for any further details and action.


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