What is the procedure for mutual divorce? Husband harasses me.

My husband is unemployed since our marriage and has extreme alcoholic habits he has been arrested 3 times for Domestic Violence. I am married for last 8 years and have 2 kids, and it was a love marriage. Even after being arrested thrice he is a burden to me and does not want to leave me as he is getting money when required and with the help of his parents he is torturing me every day.

What is the procedure to get rid of this relationship? I want to shift from here but he is not letting me. Please help.

Can we file for a mutual Divorce in such circumstances?

Answers (1)

62 votes

You have mentioned that you intend to file a Mutual consent Divorce.

First of all Mutual consent divorce can be filed when both the parties agree to end the marriage on the mutual terms and condition and only after they have lived apart for at least a year. While you have mentioned your husband is not ready to leave you, in case he agrees to it, you may file for a mutual Divorce.

For the same, we suggest you enter into a Memorandum of Understanding(MOU) wherein you both specify the terms and condition such as custody of your children and alimony amount. The MOU shall be signed by both parties in presence of two witnesses. Thereafter, a petition supported by affidavits for divorce should be filed in the district court by both the spouses.

The husband and the wife 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.

In the alternate case, if your husband does not agree to a Mutual Divorce, you have very strong grounds to file a Divorce Petition against him under Section 13(1)(ia) - wherein you have been subjected to cruelty by your husband and your in-laws.

Section 13(1)(ia) is being reproduced for your understanding below:

Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party—

(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty

Cruelty has been interpreted by the Hon'ble Supreme Court to include both physical as well as mental cruelty. The acts of your husband enumerated by you clearly come within the ambit of mental cruelty. Thus, a Divorce can be sought on this ground.

Chances are that once you file a Petition under the grounds of Cruelty, your husband will come to terms as he is financially dependent on you and will seek mediation to settle the case on mutual terms where you can mention all the terms you want to be separated.

Kindly contact us for any further details and action.


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