• Struggling in mid of mutual consent

My sister got married on Sep 2011. Within three months of married life. She came to our home since she underwent lot of teasing and kind of torture from her husband  and mother-in law...

Since then,we tried many times to get things solved.but no hope. To say simply,my sisters husband is a drinker & jobless and doesn't show any interest in marriage life. To hide this fact,his mother started oppress my sister.

From 2012 onwards,My sister is living in our home staying with us. After 3 years of undecided period,we both decided to end this, In front of our local police sub inspector,we have signed a paper saying, "we want to end our marriage life & we gave back belongings of each other,and agreed not to disturb each other."

During this time, I asked them to co-operate with us to get divorce legally since I wanted it for safety purpose.

I hired a layer and filed mutual consent divorce in October 2014. My sister and her husband attended two hearings and conveyed that,they want to be separated. 

After that the problem started, there is no proper respons fom my lawyer .even when I call him and ask for status, he is saying that the judge is generally delaying all the divorce cases..so asked us to wait.

But, for the last 7months,there were no hearing and no proper communication from laywer. Not sure what is happening. Provided this condition, my sister's husband asking us(through our relative) now to send my sister back to their home saying he is willing to live with her.

We want to divorce from him since we believe my sister will struggle with him. We don't know whether he will co-operate further to continue our mutual consent or he will create problem

Can you please help us on how to proceed further from this point. We want to get divorce peacefully.
Asked 9 months ago in Family Law from Salem, Tamil Nadu
Religion: Hindu
In mutual consent divorce it is not possible that no hearing would take place for 7 months. Something is fishy, so engage another lawyer to find out the status of the case, and accordingly take remedial steps, if required. If your sister's husband revokes his consent to mutual divorce then your sister can unilaterally file for divorce on the ground of cruelty.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
1. I am not sure the reason behind the silence of the lawyer.
2. It appears some mistake jas been done by the present lawyer .However without knowing actual reason no further advice can be given.
3. You engage another lawyer and seek information on the present status of the case. Thereafter only we can advise further.
Devajyoti Barman
Advocate, Kolkata
5176 Answers
54 Consultations
4.9 on 5.0
1. This is unheard of. 6 months is the cooling off period that you get but this is a statutory obligation imposed on the court. It cannot be said that the judge is 'dragging' the case.

2. Yes he can.

3. It may take up to 2 years in the court.

4. You can change your lawyer at any stage of the case.

5. The case cannot be transferred. Forum selection is not allowed.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
1) after first motion court grants date of 6 months 

2) cooling period of 6 months is mandatory 

3) any party can with draw his consent 

4) in such a case petition would be dismissed 

5)fresh petition for divorce has to be filed on grounds recognised under HMA like mental cruelty

6) contested divorce cases take  5 years to be disposed of 

7)you are at liberty to change your lawyer 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
Hi, first verify the status of the case and then proceed further.

2. If your brother-in-law has not given consent for divorce  then your sister has no other options then file a petition for divorce on the ground of cruelty.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
We want to divorce from him since we believe my sister will struggle with him. We don't know whether he will co-operate further to continue our mutual consent or he will create problem
Can you please help us on how to proceed further from this point. We want to get divorce peacefully.

Your lawyer has cheated you very properly without allowing you people to know that you have been cheated by him. Any divorce under mutual consent shall be decided and disposed from 6 months to 18 months and it will not be exceeded beyond that. Therefore in my opinion, your lawyer would not have filed the divorce case at all.
Now the alternative is that since your sister is living separately away from her husband for the past 3 years or more, she can file a contested divorce petition on the grounds of mental cruelty and desertion a as well as for non-cohabitation for a period of more than two years.
He may be contesting but the chances for getting divorce on the said grounds in view of the prevailing circumstances are more bright, hence nothing to be concerned about it. 
T Kalaiselvan
Advocate, Vellore
13945 Answers
127 Consultations
5.0 on 5.0
1. Is it possible to drag the case by individual judge more than 6 months? My lawyer says, he is the problem, he generally dragging the verdict for these kind of cases.

Your lawyer is telling lies, a judge canot keep pending the cases for passing verdict endlessly as per his own sweet will.






2. Can my sister's husband withdraw his consent without anyone's knowledge ?, I mean, without my lawyer's knowledge 

He can withdraw his consent but this will e in the knowledge of the lawyer your lawyer cannot claim innocence in this regard.



3. If suppose, my sisters' husband revoke his consent. If we file divorce in cruelty basis. How long it will take? Because we can't afford to wait for long time..since it's already late, we want her to get married soon

Your urgency has no answer in law.  The contested divorce may take its own time,  You have to wait patiently for the developments to turn in your favor.



4.can I change my lawyer in this stage if I'm not convinced to proceed with current lawer

Yes, you can change your lawyer anytime during the proceedings.




5. This case is being filed in a sub court. Can we transfer this to district family court if it is advantage to move faster

The cae can be filed in the jurisdictional court only nd not as per your choice. 


T Kalaiselvan
Advocate, Vellore
13945 Answers
127 Consultations
5.0 on 5.0

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