Partner not agreeing to sign petition for divorce with mutual consent

My sister's spouse is not willing to sign petition for divorce with mutual consent. He is insisting to get a copy from the court/advocate so that he can prove his spouse initiated the divorce process, just to satisfy his ego. Please suggest, what can we do if we want a peaceful divorce. We don't need any maintanance/alimony. Unless he gets the notice, he will not sit quietly. We don't want to put a domestic violence case on him although he is torturing my sister mentally and physically almost every day. Please help asap!

Answers (1)

79 votes

There is not much you can do except move for a contested divorce if one spouse is unwilling to sign the petition. The first thing you need to do is approach the Crimes Against Women Cell in your area to register a FIR and file for a protection order with the Domestic Violence Court at the same time.

The Domestic Violence Court will not only prohibit your husband from interacting with you or your daughter but will also make your husband pay a rental allowance to you for alternate accommodation.

Thereafter, you should file applications for maintenance under Section 125 CrPC claiming maintainance on behalf of both you and your daughter.

After obtaining all the above reliefs, you should file for a divorce. Also move an application for interim maintainance pending the divorce proceedings.

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