Procedure to file for mutual divorce without husband's consent


We are looking very good suggestion for mutual divorce . We are not getting properly cooperation from our advocate . Our advocate told us that my sister husband interested for Compromise through mutual divorce & he want to file mutual divorce case . But still from last 5 months he didn't file mutual divorce . Our advocate not properly communication with us. Now my question is can we file mutual divorce case if my sister husband will not filing ?

Answers (3)


257 votes

Respected Madam/ Sir..
I read your matter very carefully and I like to suggest you to file mutual divorce suit.
In district court of your jurisdiction basically it's a very simple matter of you guided properly you can get decree by 6 months only from filing date.
For further progress please contact me.


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302 votes

You can file a mutual divorce according to relevant section of Hindu Marriage Act or Special Marriage Act if your sister's husband is willing to put his signature in the petition, else there is no other way to file mutual divorce.

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182 votes

Its unfortunate that your Lawyer is not cooperating to you. However, in case of divorce on mutual consent, both the parties are essentially required to be present before the court of Learned District Judge concerned and file a case for mutual divorce and they shall have the subsequent date for final hearing after six months thereafter. On that final date both of them shall have to file their affidavits in chief (which is basically the reiteration of the plaint himself), and they shall have to confirm their stands for want of dissolution of marriage on dock and then they get the decree for dissolution of marriage. All the best, Regards

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