Is possible to get divorce if one partner doesn't want it?


can my husband get divorce without my consent? He is not willing to take me back and wants mutual divorce.

I want to live with him. I am staying with my father for the past 2-1/2 years due to health problems and domestic issues because of mother in law and sister in law.

Please guide

Answer

As we understand your situation, you do not want to divorce you’re your husband but he is adamant on getting a divorce.

In this case, your husband cannot file for a divorce by mutual consent under Section 13B as you are not willing to divorce him.

Divorce by mutual consent requires the consent of both parties.

If u want to save your marriage then we recommend you file case of restitution of conjugal rights under section 9 of Hindu marriage Act, 1955 before your husband files for divorce.

 


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