• My wife applied for mutual divorce, now she playing

Hi, my wife playing with me since last 4 years. From last 1 year, she lives separately. we have a single daughter, who lives with me. I tried a lot to get my wife back, she always refused. Now this is year January, she agreed for mutual divorce and we both apply for this. After this she now complain in "Mahila commission" that, I signed the mutual divorce form forcefully.

I am getting mentally harassment. I am going to suicide along with my daughter. becoz there is no law for husbands...

Kindly help me
Asked 2 years ago in Family Law from Bhubaneswar, Odisha
Religion: Hindu
if your wife dosent want divorce and has with drawn her consent your divorce by mutual consent petition would be dismissed . you will have to file fresh petition  for divorce after dismissal of your petition .
Ajay Sethi
Advocate, Mumbai
23408 Answers
1230 Consultations
5.0 on 5.0
no your lawyer is wrong . in divorce by mutual consent in second motion wife presence is mandatory . if she does not attend  court wont grant you divorce by mutual consent .
Ajay Sethi
Advocate, Mumbai
23408 Answers
1230 Consultations
5.0 on 5.0
unfortunately laws favour women only . husband has to be patient and try not to antagonise his wife . acede to her reasonable demands . 

i dont have any lawyer friend in bhubaneshwar
Ajay Sethi
Advocate, Mumbai
23408 Answers
1230 Consultations
5.0 on 5.0
Sir, If you feel your wife is having affair with another guy, then file the contested divorce petition if she is playing with you by stating in the mahila commission that you forced her to sign on the mutual agreement. further, she is not appearing in the court, the court will not grant the mutual consent divorce because as per the Hindu Marriage Act, both- husband and wife needs to be present physically in the court for the success of the second motion of the divorce otherwise the petition goes.  

Further, you may file a complaint with the local police station as per your knowledge of the extra marital affair of your wife. Let the police investigate and bring evidence enabling you to file a divorce petition on grounds of cruelty, adultery, dessertion and irretrievable breakdown of marriage. This LAW favours husbands as well so please use it.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
if they are not coming to the police station and the ground police is not taking proper action in your case then please file a complaint to the supritendent of the police of your area who then will direct the ground police to follow up the matter.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
if still your problem is not sorted out you may get order from court to file FIR. PLZ CALL FOR BRIEF
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
do not worry so much  ,fight it with your lawyer .
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
has the women commission issued any notice to you. if not then why should you worry. whether the mutual consent petition is forced or not can be determined by the family court when the stage for evidence arises. don't worry. pursue the case. inform the womens' commission of the pendency of matter in family court. she cant re-sile from her statement made on affidavit before the court of law.
Tulika Prakash
Advocate, Gurgaon
113 Answers
66 Consultations
5.0 on 5.0
you have to file for divorce on grounds of adultery . prove that she was having an extra marital affair . 

it is well settled law that if wife was involved in adulterous relation ship she wont get any maintenance
Ajay Sethi
Advocate, Mumbai
23408 Answers
1230 Consultations
5.0 on 5.0
as advised ,do not worry,you will get a good lawyer
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
well we have already advised you at length . if your wife wants to with draw consent before second motion she can do so .
Ajay Sethi
Advocate, Mumbai
23408 Answers
1230 Consultations
5.0 on 5.0
Why don't you go for filing divorce case on contest? You have opted a wrong course of action in filing mutual divorce case.
Prithwish Ganguli
Advocate, Kolkata
21 Answers
12 Consultations
4.6 on 5.0
you can refuse to bow down to her black mail tactics . we have already advised  you to file for divorce afresh if your divorce petition by mutual consent gets dismissed . file on grounds of adultery prove that she was having affair with another man . you wont have to pay her maintenance .
Ajay Sethi
Advocate, Mumbai
23408 Answers
1230 Consultations
5.0 on 5.0
well if your wife wants to  be with her boy friend she would need the divorce. she would ultimately arrive at an settlement with you .
Ajay Sethi
Advocate, Mumbai
23408 Answers
1230 Consultations
5.0 on 5.0
as mentioned earlier your wife can at any stage before the second motion with draw her consent for mutual consent divorce . the petition would be dismissed . 

you can  file fresh petition for divorce on grounds of adultery and can rely upon recorded conversation wherein your wife admits to have an extra marital affair
Ajay Sethi
Advocate, Mumbai
23408 Answers
1230 Consultations
5.0 on 5.0
1) your duty is to draw attention of mahila commission to pendency of case in family court for mutual consent divorce . 

2) enclose copy of petition filed by both the parties . the affidavit filed by your wife in family court . 

3) the issue as to whether your wife was forced to sign petition or not would be decided by family court . 

4) filing in mahila commission is dilatory  tactics of your wife only . 

5) dont panic . have patience . mahila commission will not take any action in pending court case before family court
Ajay Sethi
Advocate, Mumbai
23408 Answers
1230 Consultations
5.0 on 5.0
thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
23408 Answers
1230 Consultations
5.0 on 5.0

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