• Mutual divorce

My husband is abusive for last 9 years of marriage.we have 2 children a boy and a girl.I hv made two times police complaint for physical torture but he felt sorry.Now I listened his call recorded on his phone which cleared that he is seeing other woman in my absence at my home.she was there for 2 hours and way of talking was as if they had great time together.He cheat me.I asked him about it.He is blaming me for my doubtful nature.But I know he cheat me.what to do.He want mutual divorce.Our house and car,scooter everything is on y name but on bank loan .He want me to keep children.But he is very aggressive and loose temper.What to do if I also want to leave him.But I am afraid that he will do wrong with me at my workplace and harass me for children and other things.what to do....please help
Asked 5 years ago in Family Law
Religion: Hindu

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11 Answers

See it is better in my advise to give a mutual divorce and ask for alimony from him for you and your children maintenance. See there is no need to get into legal hassels and keep fighting cases neither it is good to be with such abusive person so instead you can give mutual divorce demand huge sum and le=ive peacefully. 

 

if he doenot agree file a case of domestic violence on him for cruelty and ask for maitnenace for you and your kid.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have been harassed for no reason.
  2. Now, after the recent judgement of Hon’ble Supreme Court, you can very well avail the divorce on the ground of adultery from him.
  3. No need to go for mutual one if you can prove his fault.
  4. He will have to pay you the alimony also as he is at fault.
  5. Ask for the protection from the court itself if he tries to do anything with you.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

Before Mutual divorce you can demand your terms that you want custody of child,  after mutual divorce he can not bother you. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

File for divorce by mutual consent 

 

2)consent terms should mention that you have sole custody of your children 

 

3)husband should pay you lumpsum amount as alimony 

4) also pay for maintenance of children 

Ajay Sethi
Advocate, Mumbai
94803 Answers
7551 Consultations

5.0 on 5.0

Dear Querist

if you are not willing for divorce then file a compliant against him before the magistrate under section 12 of The Protection of Women from Domestic Violence Act-2005 and claim protection. apart from the protection you may also claim right to residence, maintenance for the children if the children are minor, child custody, compensation, under section 18,19,20,21 & 22 of the Protection of the women From Domestic Violence Act-2005, in the protection order you may approach to court for a restraining order that he should be restrain to visit your work place too.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1) For sake of children you both should visit to a counselor who will guide you, later on you may decide to go for divorce or mutual consent divorce.

2) In MCD you can ask for lumpsum amount including children maintenance amount.

3) Or monthly maintenance for all three of you.

Ganesh Kadam
Advocate, Pune
12932 Answers
255 Consultations

4.9 on 5.0

Dear Client,

You can opt MCD if he is agree to your terms like alimony, custody, partition etc and for any nuisence created by him, call the police,

And for any repeatation or violation of prohibitory order of police will lend him in Jail.

Yogendra Singh Rajawat
Advocate, Jaipur
22656 Answers
31 Consultations

4.4 on 5.0

It seems that both of you are working together in the same office but this is not the solution you have to file a divorce petitionif you have found an adultery by him.

The children are his responsibility and even if they are living with you he has to maintain them and provide sufficient amount for their education as well.

You need not to be worried about that he is going to harass you at the workplace in case there is any such problem you have to complaint the police in this regard and appropriate action will be taken.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

He can't harass you and the kids, neither at present nor post divorce. If yiu are unable to hold on to this abusive relationship, it is advisable that you get mutually separated.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

File mutual divorce to avoid all the wrong things happens to you,

Before filling mutual divorce make sure your conditions of child custody , demand alimony and maintenance for your child

If he is not agree then you can file divorce on ground of domestic violence ,mental cruelty, adultery and you can seek protection 

Dimple Jain
Advocate, Jodhpur
222 Answers

Not rated

If you agree for mutual consent divorce, you can enter into a MOU with him about the movable and immovable properties and also about the children custody.

 

Get this MOU recorded in the judgment of divorce decree which will be more effective to enforece.

This shall be suffiicient to take proper legal action against him in case he wags his tail in the futue in this regard

T Kalaiselvan
Advocate, Vellore
85004 Answers
2207 Consultations

5.0 on 5.0

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