• My husband is threatening me

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.
Asked 2 years ago in Family Law from Bangalore, Karnataka
Religion: Hindu
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.
Devajyoti Barman
Advocate, Kolkata
5186 Answers
54 Consultations
4.9 on 5.0
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
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
file a mutual divorce
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
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.
Devajyoti Barman
Advocate, Kolkata
5186 Answers
54 Consultations
4.9 on 5.0
you file cases under DV Act and IPC etc.if he files divorce case then contest it strongly.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
Thanks for appreciation.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
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
Ajay Sethi
Advocate, Mumbai
23165 Answers
1216 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
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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
Ajay Sethi
Advocate, Mumbai
23165 Answers
1216 Consultations
5.0 on 5.0
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.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
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.
Sandeep Hegde
Advocate, Bangalore
361 Answers
97 Consultations
4.8 on 5.0

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