Legal Question in Family Law in India


I got married in January this year. But my husband always wants to have divorce and he keeps on torturing me mentally for this. Many a times, he also abuses me for not bringing dowry. My family wants to file a case against him. But I don't want to go into cases or allegations. Please suggest me the way for divorce through settlement.


Rajni Sharma

Asked on 12/03/13, 7:56 am

5 Answers from Attorneys

Yash Kumar Yash Kumar & Co.

Dear Client,

You can go for mutual consent divorce petition and the divorce will be granted to you in Six Months which is Mandadory.

For assistance you may contact me on 08750228171.

Thanks & Regards

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Answered on 12/03/13, 9:14 pm
Vishwa Arya Arya & Co.

Dear Ms. Sharma:

It is mandatory that there is one year of seperation after marriage before one could apply for divorce under mutual consent. Please try to reason out with your husband and see if the underlying cause could be taken care of. However, if he has someone else in mind and for that reason wants divorce then it is a different issue. You have not mentioned whether you are working or not? whether you would need any maintainence from your husband or not? Be as that it may, it is really appreciated that you do not want to go into allegations and better settlement.

good luck!

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Answered on 12/04/13, 3:15 am

please try to find the reason of discord. invole your family and his parents in the issue. with the help of elders things will be sorted out. You have not been married for an year give the marriage a chance. The option of a break up will always remain but the choice of making the marriage work should not be ignored.Remember that no relationship is perfect. We have to work on it.For further queries pl contact 9312411481.

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Answered on 12/04/13, 6:05 am

dear client if u both r ready for divorce then u can file mutual divorce and will get divorce in six months. for any legal help call me on 9422611385


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Answered on 12/06/13, 9:17 pm


Mutual divorce is to be filed by the couple only after they have lived apart for at least a year. The process is initiated by filing a petition, supported by affidavits by both partners, in the district court (also called family court). The presenting of the petition for divorce by

mutual consent is also legally knows as 'The First Motion Petition for Mutual Consent Divorce'; The 'Second Motion Petition for Mutual Consent Divorce' when the partners reappears after six months before the court. A gap of six months is provided in the statute between two motions, so as to offer the estranged couple adequate time to reconsider their decision of dissolving their marriage. The mutual consent divorce petition should also contain a joint statement by both the partners, that due to their irreconcilable differences, they can no longer stay together and should be granted a divorce. The court is bound to pass a decree of divorce declaring the marriage of the parties before it to be dissolved with effect from the date of the decree, if the following conditions are met

(a) A second motion of both the parties is made not before 6 months from the date of filing of the petition as required under sub-section (1) and not later than 18 months;

(b) After hearing the parties and making such inquiry as it thinks fit, the court is satisfied that the averments in the petition are true; and

(c) The petition is not withdrawn by either party at any time before passing the decree. If the second motion is not made within the period of 18 months, then the court is not bound to pass a decree of divorce by mutual consent. Besides, from the language of the section, as well as the settled law, it is clear that one of the parties may withdraw their consent at any time before the passing of the decree.

The most important requirement for a grant of divorce by mutual consent is free consent of both the parties. In other words, unless there is a complete agreement between husband and wife for the dissolution of the marriage and unless the court is completely satisfied, it cannot grant a decree for divorce by mutual consent. If you are serious about proceeding with this, then I suggest you also consult an expert lawyer with good experience who can guide you on the specifics of your circumstances and how you should proceed further.


Advocate Ashok Kumar;

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Answered on 12/07/13, 12:00 am

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