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Mutual concent divorce due to communication and different culture issu


21-Jul-2023 (In Divorce Law)
We are married last 7 years and have 4 yrs old son. Husband was not continuously working since marriage, after every 6 months he was job less now he is in Delhi n working for more than 1 yr there. We have intercaste marriege, I am Marathi spoken and he is Hindi, at marriage time it was clear as when needed he needs to speak Marathi to my relatives also I have adopted all the cultural rules of their caste but after birth of my child due to financial condition and kid well fare I went to mother's home as I am also working woman. Now he fights with on every small things about my language, cooking, talking or anything, and he visits here in after 2-3 months to see a child. He is become egostic about their culture, language and all and Everytime makes fun of my culture which tourching to me. I want child custody remains with me as I never see kind of love kids want from father in him. We are thinking to go for mutual concent divorce as I cannot see if he wills to stays with us for lifelong
Answers (3)

Answer #1
515 votes
Hello, Since you are opting for mutual consent divorce both husband and wife should agree and be on a same page which will prove that you are mutually agreeing on something. Once the consent terms between both of you have been finalised you can file the same in the Family Court, once the consent terms have been finalised, you both have to go to a counseling session wherein they will ask few general Question after you will be called in the court the judge would ask you a basic Q and would ask if you agree for the divorce. Once you confirm you will be given a cooling period of 6 months after that again the counseling session and a order would be passed in the court that you are legally separated. After 4 months you will get a decree and a judgement copy.
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Advocate Chinnmay S. Shah

Adv. Chinnmay S. Shah

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Answer #2
817 votes
If such things are happening then you can move further with your decision and most important thing is that he can't take forceful possession of you child. If he behaves wrongly you can file Domestic Violence case against him under Domestic Violence Act. Or you both can move with mutual Petition and good alimony for yourself and for your child.
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Advocate Manoj Mulchandani

Adv. Manoj Mulchandani

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Answer #3
541 votes
as per your query since there is no meeting of minds between you and your husband and I have decided to end the marital relationship you can go for mutual consent divorce wherein you can keep the custody of your child with you with the consent of your husband. your husband shall have the right to access / visit the child further he has to bear the maintenance and educational expenses of the child. You can claim maintenance , alimony from him and also have the right to waive your maintenance. Regards
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Advocate Neelkanth Goswami

Adv. Neelkanth Goswami

LawRatoThane | 400+ Answers
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