I got married on 2nd feb 2013 after that there was lot of differences between us.It was an arranged marriage and we did not get time to know each other,later we found out that we don't have any compatibility and finally because of lot of misunderstandings and unmatched temperament we separated,I am living separately from my husband since 12th feb 2013.It is impossible for us to stay together even for a second.I hate his character.He is a big liar.My husband asked me for divorce even I agreed to that.He said by mutual consent.He only hired a lawyer and one day he called up and asked me not to say anything as he physically and mentally harrassed me.He said not to ask any maintainance(I am working) as then it would not be mutual.But now he completely changed his statements,he said,he will say in court that I am having another person in my life which I did not tell him during the marriage so he is filing me divorce.Would this be a mutual consent divorce.Secondly,he had initially threatened me a lot which later he stopped.I am unable to understand his insanity.My parents are equally worried as they too want me to get rid of such a bad character person.He is taking advantage of my modesty now.He said one lawyer is enough because we are going through mutual consent.Please advice what can I do in this case which will be in my favor.
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1.In the present circumstances your marriage appears all but over.
2. If that is so then the best option for both of you is to file petition for mutual divorce.
3. MCD is to be done two separate lawyers.
4. If your husband refuses to go for contested divorce then you can file several cases like one u/s 498A 406, then one under PWDV Act etc.
5. Do try to amicably settle the dispute.
If you and your husband both agree for mutual consent divorce then a joint petition is to be filed without mentioning any allegation by either party.You settle for alimony, your streedhan i.e. jewellery etc. If you wish can have your separate lawyer. otherwise, file cases under DV Act,IPC etc and also divorce on cruelty and desertion.Feel free to call through this site for any clarification/legal help
file a mutual divorce
He said initially it is going to be mutual.But now if he is putting false allegations on me mentioning,he will say in court that I am having another person in my life which I did not tell him during the marriage so he wants divorce then wouldn't he taking the case aginst me and it is no more a mutual divorce?
iF HE GOES ALONE AND FILE A SUIT FOR DIVORCE THEN THE SAME IS NOT MUTUAL DIVORCE.
It is a contested divorce suit ans same must be based on certain allegations against you.
Thank you all,for guiding me through this difficult situation as this person is playing foul game with me.
you file cases under DV Act and IPC etc.if he files divorce case then contest it strongly.
Thanks for appreciation.
it appears your husband is trying to obtain divorce on grounds of adultery . the very fact he is going to say in court you have another man in your life proves his intentions. contact a local lawyer get divorce petition vetted by him then only sign petition for divorce by consent
Thank you,Ajay ji.He is going to lie in the court for his selfish and bad intentions.Please guide me if he is trying to obtain divorce on grounds of adultery which is his cooked up story and not rue then how can I prove him wrong? Also,can he produce false proofs in front of court?
He said in the initial draft,he will not mention this but if court asked him the reason he will lie that I am having another person in my life.
1. It is always desirable for both the spouses to field their own lawyers in case of MCD instead of one lawyer alone representing both the parties.
2. Do not sign the divorce papers unless your lawyer gives a go ahead after a threadbare perusal of the same.
3. False proofs are often produced in court. It is for the person believing it to be false to prove it false.
your husband has to prove allegations of adultery . it is necessary that draft of consent terms be vetted by your lawyer . dont sign any documents for divorce unless you receive go ahead of your lawyer
1. If he makes allegation against you then it does not stay as mutual consent divorce,
2. He can not think that you will accept his allegation for the said MCD,
3. MCD drfats are different. It says that both are parting due to incompatibility & there is no charge or allegation against each other,
4. You must have your own lawyer for drafting the MCD petition and conducting tha case.
Under this circumstances it is strongly advised to you to hire an advocate to handle the issue. Even if you decide to go for mutual consent divorce, do it with the consultation of your advocate.
Do not acknowledge false charge of adultery.
