Hello,

To file a mutual consent divorce you will have to take consent of your husband also. If agrees for the same then a petition carrying the conditions of separation is filed mutually in the court and divorce happens in 6 months.

Also, if he is not agreeing then a contested divorce has to be filed, which will take 2 years.

Let me know if I can be of some help.

Regards

1) if your husband agrees file for divorce by mutual consent

2) if husband refuses file for divorce on grounds of mental cruelty

3) husband refusing to work amounts to mental cruelty

4) husband forcing wife to pay for his lavish lifestyle and repay his debts amounts to mental cruelty

I understood your problem

1st thing is there cannot be mutual consent divorce you both since he will not agree for the same however u can grab your rights through knocking the door of court with your grievances.

File a divorce and also ask your advocate to file an application for judicial separation and get a judicial separation from him section 13 read with section 10. Of Hindu Marriage act

Since there is no cruelty from his side but nos court considers mental cruelty with welcome hands

Since To all the money u have shared is hard to recover as it was given with consent and u stayed as couple for those years

Better to file a case u/s 13 HM act

you can file mutual consent if your husband id ready to divorce and you both reach on settlement, i would suggest dont let your husband suck your hard earned money.

if he is not ready for mutual consent then file divorce petition in the family court.

so if husband ready to divorce and you both reach on some settlement go for mutual otherwise contest it on the grounds of dowry, mental cruelty

As you are living away from your home for more than 6 months you need to file a divorce petition in the family court for the divorce under mutual settlement.

You may also file a petition for the maintenance under section 125 CRPC this is necessary because here's to support you at the expenses of the litigation and for your own maintenance although you are earning for yourself but this is the matter of court to decide if you are learning is enough to support you

Hi

You are of a young age and have whole life ahead.

Try filing divorce with mutual consent as it will be concluded in time period of Max 6 months.

A contested divorce case would take something around 2 to 5 years to conclude.

So Mutual consent divorce is suggested.

And ask for amount which you have to take from him as one time settlement amount and also get this thing recorded in the statement of the mutual consent divorce petition.

Thank You

Respected mam..

You have number of options avlable..You just have to make your mind clear that what you want to do with him....

1-you have option to file a case against him under section 498 -A of IPC all he is doing to you is cruelty.

2- you can file a petition under section 125 of Crpc claming maintenance from him and he is bound to give you the same.

3- if he is ready for divorce you can file a petition under section 13-B of HMA in this process divorce will be ordered within 6 to 8 months..

4-if he denies for divorce you have option available to file a petition under section 13-A of HMA mentioning all the grounds for divorce ...

These are the options available for you ...

Thanku

First get hold of the money he has taken from you, even if a husband is not earning he cannot escape from paying maintenance. Take all back and under pressure he will settle and sign for mutual divorce.

You may ask, what if even he doesnot pay after court passes maintenance order, if he doesnot pay he can be sent to jail for not paying.

Even after you get divorce you can obtain maintenance from him. At time of judicial separation wife is entitled for maintenance too.

In this situation he wont sign for mutual divorce as he is enjoying on your money at times.

Contested divorce would back fire you because immediately you file divorce next step your husband will file Restitution of Conjugal Rights and tell court he will live with you no matter what. So best to get divorce under pressure will be maintenance case where he would come and request you to settle issues and your condition will be give divorce then only you will listen to him and you will withdraw cases only on the day of mutual divorce occurs.

1. Mutual Divorce is the only hassle free process of dissolving a marriage, but for this to take place there has to be a positive agreement between the spouses.

2. If, however, he is not ready for mutual divorce then the only remedy for you is to file a petition for dissolution of marriage on the ground of cruelty which he can contest.

3. You can also seek maintenance from him by filing a DV case under Section 12 of DV Act.

You are advised to approach a lawyer and before that please go through following procedure which is useful:

Divorce by Mutual Consent is the simplest and easiest way of dissolving marriage. Procedure for Mutual Consent Divorce is laid down as under for easy understanding:-

Both Parties ie Husband and Wife have to reach to Mutual understanding and agreement regarding terms and conditions for Divorce.

On the basis of settlement and agreement, petition for Mutual Consent is drafted. Under Hindu Marriages, such Petition is filed under section 13 B of the Hindu Marriage Act. Under Christian Marriages, section 10 A of the Indian Divorce Act. Under secular or civil marriages, section 28 of the Special Marriage Act.

Divorce Petition will be drafted which will include terms of settlement agreed between parties.

Such Mutual Consent Divorce Petition shall be filed in the Court as court procedure.

Matter will come up for hearing in the Court and generally parties have to be present before the Court and their statement is recorded.

After recording of statements, First Motion will be passed.

Court gives six months time to parties to reconsider their decision. This is called cooling period generally.

Second Motion is set up.

Aforesaid steps shall be repeated. Statement of parties will be recorded again.

After such recording of statement, Court will grant pass order and judgement, decree for divorce is granted.

DIVORCE BY MUTUAL CONSENT BY POWER OF ATTORNEY & VIDEO CONFERENCE:

Some states like Delhi allow statement of one party to be recorded through power of attorney.

Some Courts along with power of attorney also conduct video conferencing for Mutual Consent Divorce. This process is quite useful and advisable in case party or parties living outside India. Thus, for Divorce by Mutual Consent for NRI is possible without physical presence. It saves time, energy and money.

Six months Waiver in Mutual Consent Divorce:-

Law specifically provided six months gap or waiting period between First Motion and Second Motion. Prior to 2009, compliance of six months waiting was not mandatory. But, in 2009, Supreme Court made it mandatory and took away the power of the Family Court or the District Court to waive of period of six months. But, Supreme Court still has power to waive of the period of six months. Thus, Supreme Court is the only Court which has the power to dissolve the marriage in less than six months.

Firstly, it is quite difficult for you to get agreed on mutual consent.

Secondly, yes you can file on the basis of mental cruelty as doing nothing, asking for money, and not taking care of the household responsibility without any sufficient cause amount to cruelty.

Thirdly, keep track of every single money which he has taken from your mother, and also make him some how to admit the same if you had given in cash otherwise you would have everything in the form of bank statements.

Fourthly and lastly, can consult me for further assistance if like my answer.

Good Luck...!

I don't think your husband will ready for mutual consent divorce, because in this case both of the parties need to sort the matter mutually. You need to file contested divorce on the ground of mental cruelty along with the application of interim maintenance against him in the court of law with the help of any good local advocate.

You first decide about quitting the married life by dissolving the marriage by a decree of divorce through a court of law.

You can talk to your spouse about your decision on this and ask him to agree for mutual consent divorce so that the issue may not be dragged on too long and on the basis of the conditions mutually agreed between you two.

If he is not willing for this proposal of mutual consent divorce then you may decide to file a contested divorce case on the grounds of mental cruelty based on all the cruel incidents including his way ward life, spend thrift, not taking care of the family maintenance, physical and mental abuses etc.

Dear Client,

If he agrees for mutual divorce than the best way to get separated otherwise even u can file for divorce.

It is he who will bear expanses not u. Even u can claim all the money u have given him along with maintenance