I am a 29 year old female , married for 4 years with a 9 month old daughter. I want to divorce my husband but dont know how to do it. Or what should be my first step.
I have spoken to my husband, he is in consent with me about divorce.
I stay in a joint family. I am financially independent.
Asked in Family Law from Mumbai, Maharashtra
1) contact a local lawyer
2) agree on consent terms to be filed in petition for divorce by mutual consent
3) it should provide for return of your streedhan , alimony , maintenance and custody for child etc
4) your lawyer will draft the petition and both should appear in court at time of filing of petition
6) 6 months cooling period is a must
7) you would get divorce in 6 months time
The best option is to file a mutual consent petition which will take 6 months to complete and you will get the order in 6 months
If you are in Mumbai jurisdiction you can file it in bandra family court , a joint petition by you and your husband
the ground of divorce will be non compatibility
You both can chose one lawyer or else as you wish two different lawyers and present the petition .
you both will have to appear two dates in the first motion where you will have a counseling session and in the final date the court will pronounce the order if you both are agreeable to divorce.
Regarding custody of children, maintenance and property etc. you can take mutual decision and submit before the court , if you have any
If you both are willing to divorce each other by mutual consent, you may file a joint petition before the jurisdictional family court seeking to dissolve your marriage by a decree of divorce on the grounds of mutual consent. The other formalities to be observed in this regard shall be heard from a local advocate you may consult and engage for the purpose.
Divorce is not favored or encouraged, and is permitted only for grave reasons. Under the Hindu Marriage Act, 1955 both the husband and the wife have been given aright to get their marriage dissolved by a decree of divorce on more than one grounds specifically enumerated in Section 13.Denying sex to husband /wife without any specific reason is cruelty and ground for divorce.
From your words some of the grounds are lime lighted for the essential grounds for getting a divorce.
1. Adultery – as alleged
2. Impotency – as alleged
3. Harassments from the in-laws
4. Co-habitation not done repeated demands
If your husband is ready for mutual consent ,then file a divorce under 13 B of the HMA act
Steps in Court Procedure (13 B)
In all there are two court appearances in a mutual divorce
1. First A joint petition signed by both parties is filed in court. Secondly In the first motion statement of both parties are recorded and then signed on paper before the Honourable Court.
2. Thirdly The 6 month period is given for reconciliation, (the honourable court gives a chance to the couple to change their mind)
3. Fourthly 6 months after the first motion or at the end of the reconcile period if both parties still don't agree to come together. Then the parties may appear for the second motion for the final hearing.
4. Divorce decree will be granted as the Honourable Court may deem fit.
Since you both are consent towards the divorce you may go for Mutual Consent Divorce (MCD) u/s. 13B of Hindu Marriage Act 1955. This method is the cheapest and fastest mode of divorce as after filing in six months time you will be divorced from your husband. I do take Mumbai cases so if there is any query you may reach me.
In the first step we will have to file the MCD petition in the family court and then there will be counseling of both of you by the counselor in the Family Court.
Once the counseling is done and both of you are head strong for divorce then divorce will be granted to both of you by Honourable Family Court.
1. If your husband is in agreement with you to seek divorce then both of you may apply for mutual consent divorce.
2. Engage a lawyer and get going. Nothing else is required to be done.
Divorce by mutual consent is very easy and quick process.
Hire a lawyer and you will be free withing one year six months.
one year period you both should be staying apart.
if dat is completed then you will get divorce in 6months only
Advocate, Greater Mumbai
1. What is the reason for your seeking divorce from your husband?
2. There are grounds acceptable by Law based on which you can seek decree of divorce from the Court,
3. one such ground is 'cruelty',
4. You will not be granted divorce on grounds like 'i do not like him any more'. or 'I lke some one else now' etc.,
5.However, no Court can force you to stay with your husband if you do not like to,
6. So, file a divorce petition on acceptable ground like cruelty submitting adequate evidence in support of your allegation since he has refused to sign mutual consent divorce petition.