• In dilemma whether or not I should go for divorce

Im in dilemma whether or not I should go for divorce.there has been lot of mis communication and misunderstanding between me and my husband.it was arrange marriage and we were happy till 2-3 mnths of our marriage later which we started having misunderstanding and since both of us were working we neva gave importance in sortin out Issues.january 2015 I got to know my husband has many profile updatded in porn sites .however when indirectly i askd my husband he said his frind used to upload profiles in his name coz he dint like my husband.however I returned my parents home thinking matter is fishy.there was no contact from him until feb to me.even when I cntacted he neva responded.when my parents told their parents that their son  needs little attention they backed up saying neithr they are willing to speak to son nor make him understand on this issue.if the gal wants she can get back.as there was no guarentee my family filed MCD  where we both signed the papers at home.even them he fint speak and when I asked him he krpt mum.its been 4mnyhs am at parents home.even today he has not spokn to me.nor replied to my mails.I dont know what went wrong between us.divorce s filed in court and we are go appear in court this mnth. Iv tried all means to save this marriage.I need one more chance.im in dilemma wil I get ond more chance from court to save the marriage.? If he s innocent why is he not talking to me.?
Asked 1 year ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
1) when you file for divorce by mutual consent family court judge  sends parties for counselling . the objective being to save the marriage if possible 

2) before counsellor you can say that you dont want divorce and want to save your marriage 

3) in addition you can with draw your consent at any time  before divorce is granted by court 
Ajay Sethi
Advocate, Mumbai
23264 Answers
1219 Consultations
5.0 on 5.0
Hi, you can request the court through the advocate that you need one more chance to settle the matter amicably, the court is always open for the amicable settlement and court will definitely  give chance to you.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Before divorce there will be a session of counselling where the counsellor will try her best to save your marriage by way of counselling. May be he understands the seriousness of the situation and agrees to stay together. Do tell the counsellor that you don't wish to divorce him and want to give one more chance to you marriage. 

The court will give both of you few weeks time to stay together in order to give last chance to your marriage. Then see if he is a changed man or no. 


Regds, 

Adv. Payal
Payal Arora
Advocate, Pune
333 Answers
7 Consultations
4.1 on 5.0
Even if your husband agrees to divorce you if you refuse to divorce him the court will give time to rethink. Both the party should be willing to divorce each other. Even though it's mutual consent divorce both need to agree on divorce. 

You may travel to Jaipur or if you want you may get your case transferred to Mumbai if you are currently located in Mumbai. 


Regds, 

Adv. Payal
Payal Arora
Advocate, Pune
333 Answers
7 Consultations
4.1 on 5.0
1) both have to appear before counsellor 

2) if you say you dont want divorce no divorce decree will be passed 

3) as mentioned earlier you can with draw your consent before divorce decree is passed 
Ajay Sethi
Advocate, Mumbai
23264 Answers
1219 Consultations
5.0 on 5.0
Smt. Sureshta Devi v. Om Prakash, (1991) 2 SCC 25, has concluded this issue and the view expressed in the said decision as of now holds the field.

9) In the case of Sureshta Devi (supra.), Supreme  Court took the view: "
Under sub-section (2) the parties are required to make a joint motion not earlier than six months after the date of presentation of the petition and not later than 18 months after the said date. This motion enables the court to proceed with the case in order to satisfy itself about the genuineness of the averments in the petition and also to find out whether the consent was not obtained by force, fraud or undue influence. The court may make such inquiry as it thinks fit including the hearing or examination of the parties for the purpose of satisfying itself whether the averments in the petition are true. If the court is satisfied that the consent of parties was not obtained by force, fraud or undue influence and they have mutually agreed that the marriage should be dissolved, it must pass a decree of divorce." On the question of whether one of the parties may withdraw the consent at any time before the actual decree of divorce is passed, this Court held:

"13. From the analysis of the section, it will be apparent that the filing of the petition with mutual consent does not authorise the court to make a decree for divorce. There is a period of waiting from 6 to 18 months. This interregnum was obviously intended to give time and opportunity to the parties to reflect on their move and seek advice from relations and friends. In this transitional period one of the parties may have a second thought and change the mind not to proceed with the petition. The spouse may not be a party to the joint motion under sub-section (2). There is nothing in the section which prevents such course. The section does not provide that if there is a change of mind it should not be by one party alone, but by both. The High Courts of Bombay and Delhi have proceeded on the ground that the crucial time for giving mutual consent for divorce is the time of filing the petition and not the time when they subsequently move for divorce decree. This approach appears to be untenable. At the time of the petition by mutual consent, the parties are not unaware that their petition does not by itself snap marital ties. They know that they have to take a further step to snap marital ties. Sub-section (2) of Section 13-B is clear on this point. It provides that "on the motion of both the parties. ... if the petition is not withdrawn in the meantime, the court shall ... pass a decree of divorce ...". What is significant in this provision is that there should also be mutual consent when they move the court with a request to pass a decree of divorce. Secondly, the court shall be satisfied about the bona fides and the consent of the parties. If there is no mutual consent at the time of the enquiry, the court gets no jurisdiction to make a decree for divorce. If the view is otherwise, the court could make an enquiry and pass a divorce decree even at the instance of one of the parties and against the consent of the other. Such a decree cannot be regarded as decree by mutual consent."
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Ajay Sethi
Advocate, Mumbai
23264 Answers
1219 Consultations
5.0 on 5.0
1. You have to decide whether to continue or end the marriage.

2. The court will not give you another chance now to save the marriage. If both of you file your motion in the court on the next hearing it will grant you divorce.

3. You can pray to court to refer the matter to counselling, but it is the prerogative of the court to allow or disallow your prayer. At this stage it is very unlikely that the court will give another round of counselling to both of you.

4. If you say no to divorce the MCD cannot be granted. 
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
Hi,
A mutual consent divorce requires affirmation from both the parties. If any one of them withdraws consent, the petition is cancelled. You can ask for another counselling. If you really want to save your marriage then its better to withdraw the divorce petition. Try to contact your husband and talk to him before its too late and if that is what you want. 
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
Your family members were in a hurry or have taken a decision in haste for MCD.  There is no justification for the urgency shown in this subject. There was a feud between you both and you walked out of the house in the month  of Jan 2015 and without observing patience your people have immediately jumped into a drastic decision of breaking the sacred institution called marriage.
It takes a long time to finalize and solemnize the marriage but for breaking it hardly takes time, nobody wants to think about the consequences. Your family members are not affected but you are the one who will be suffering for life long. In the mechanised life, people are so impatient that they want everything to be done immediately can it be possible?, Did you ever spoke to him to requested him to discard his habits which are not good for health as well as to the marital relationship, had you spoken to him in a convincing manner, he certainly would have paid heed to your ideas and suggestions of further issues. 
Even now it is not late, you may withdraw your consent for mutual consent divorce during the hearing of the second motion before the court and the case will be dismissed. Since it is a jointly filed case, there will not be any impact on you by doing so. 
T Kalaiselvan
Advocate, Vellore
14046 Answers
127 Consultations
5.0 on 5.0
1. You should have tried to save your marriage much before the situation reached this stage,

2. Without ascertaining whether he is guilty or not you have left his house,

3. However, you two have already filed mutual consent divorce petition for terminating your matrimonial relationship amicably,

4. If you do not wish to divorce him then do not appear on the 2nd motion day,

5. The MCD application will be rejected after 18 months of its filing,

6. Meantime you can try to reconcile with your husband.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1. Now I am confused. What do you mean by saying "  Although MCD s filed by my family",

2. Has both you and your husband signed the mutual consent divorce petition? If yes, then how come your family is coming in to the picture?

3. If it is MCD filed by both of you then there is a chance of reconcilliation if you or both of you refrain from appearing before the Court on the scheduled day,

4. You can try to reconcile with him later on as advised in my earlier post. 
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0

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