• What to do if husband is not giving consent for mutual divorce?

My daughter (now age 25) was married (we are Hindus) 3 years back in my community to a well-educated person (now 30 years)- but both have not been able to stay continuously since both are working in separate cities. But whenever they have occasions to be together, the husband is not normal, behaves in sadistic way, has raging temper even towards small things, etc. Through they have had consummation and sex on many occasions with him, my daughter feels intimidated and not comfortable. The past two months have become worse with him threatening to  go for separation (expressed b him both orally as well as through SMS). My daughter is unable to bear his constant verbal torture  and sadistic behavior and hostile attitude towards her. He and his parents are reluctant to go in for marriage counseling (stating that there is nothing wrong with him , and the problem lies with my daughter as she is not fully cooperating with him). His mother too is in similar state of mind and instigating. When we brought her back perforce in September, there is no further response from him for his parents. We through common relative/mediator wanted to know his decision of separation/divorce that he had been insisting then, now he says that he does not want to discuss about this issue and instead accusing my daughter of similar behavior. My daughter is confused with this verbal statement of separation and now attitude of being silent on mutual divorce. My daughter is unable to cope up with him, and is mentally prepared for mutual separation, and said that she cannot live with him because of his sadistic behavior. We too have given up and want to proceed as per her wishes. Please suggest as to what to do since my daughter cannot cope with his sadistic and rage like behavior ? What are the pros and cons of (a) she filing for mutual separation (both time wise and cost-wise) (b) waiting till he initiates for mutual separation (c ) what to do if he does not consent for mutual separation?
Thanks, S V Rao
Asked 1 year ago in Family Law from Hyderabad, Telangana
Religion: Hindu
1) your daughter can file for divorce on grounds of mental cruelty 

2) if husband agrees petition can be subsequently converted into divorce by mutual consent 

3) contested divorce cases take 5 years and mutual consent divorce 6 months 
Ajay Sethi
Advocate, Mumbai
23346 Answers
1221 Consultations
5.0 on 5.0
Hi, if you are daughter is unable to live with his husband then it is better go for divorce by mutual consent.

2. If your son in law has not agree for divorce by mutual consent then your daughter has no options then go for divorce on the basis of cruelty but here you have to prove the allegation which you have stated in your petition before the court.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. Filing of petition for mutual divorce divorce depends on mutual consent of the parties. Hence your daughter alone can not file such case.
2.  So there is no point for waiting for mutual divorce unless both of them agree on it.
3.  Hence I would advise you to talk to her husband and make him agree for it.
4. If he doesn't agree then ask her to file contested divorce suit.
Devajyoti Barman
Advocate, Kolkata
5244 Answers
54 Consultations
4.9 on 5.0
1. If the husband is not ready for mutual divorce then your daughter may unilaterally file for divorce on the ground of cruelty which she will have to prove in the court. Divorce proceedings initiated by one spouse and contested by the other will take longer than mutual divorce to conclude.

2. The cost will be the fee of your lawyer.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
What are the pros and cons of
 (a) she filing for mutual separation (both time wise and cost-wise)
Mutual consent separation to be initiated by both together and by her alone, so the time or cost for this which cannot happen by her own self cannot be estimated.

 (b) waiting till he initiates for mutual separation 
Waiting for him to initiate in the given circumstances is as good as wasting your precious time.  Why wait for him to initiate the process, you can always ask him to join the process by initiating the same from your side itself, provided he is willing to.

(c ) what to do if he does not consent for mutual separation?
If he is not ready or willing for mutual consent divorce, then your daughter may initiate contest divorce proceedings on her own.

Though this appears to be another case hit by the developments over trivial issue, if your daughter has decided to part ways with him for the reasons that it will be no more possible to tolerate his humiliations and behavior(sadistic) and it is not feasible to live with him the married life anymore, she can very well decide abut it and send a legal notice to him mentioning all those bitter incidents chronologically that happened in the past between them which forced her to stay out of his company and she compelled her to decide about snapping the marital ties, demanding him to agree for dissolution of marriage by a decree of divorce on the grounds of mutual consent (with or without any terms and conditions from her side).  If he does not responds or is not agreeing to the proposal, she may initiate the divorce proceedings from her side on the grounds of cruelty mentioning all those humiliations and other sufferings in the pleadings of the divorce petition. 
T Kalaiselvan
Advocate, Vellore
14149 Answers
127 Consultations
5.0 on 5.0
She can issue him a legal notice seeking divorce from him on mutual consent on agreed terms to be set out n the notice or even without any conditions.  She can quote the the bitter experiences of the past married life nad the incidents which drove her to to come for this decision, if it is not agreeable t him, she may file a contest divorce petition within her jurisdictional court.  No need to send vakalat to him.   The cost as I told you that it will depend on the advocate you may engage for this service.
T Kalaiselvan
Advocate, Vellore
14149 Answers
127 Consultations
5.0 on 5.0
1) wife can issue legal notice to husband for divorce by mutual consent 

2)legal fees vary . it would depend upon lawyer engaged by you 
Ajay Sethi
Advocate, Mumbai
23346 Answers
1221 Consultations
5.0 on 5.0
No lawyer's notice can obligate him to consent to mutual divorce, so do not waste paper. File for divorce unilaterally on the grounds applicable to the facts of your case.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Hi, your daughter can give a notice to her husband through advocate ask him to give divorce. The professional fee of the advocate is very from person to person.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0

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