• Mutual consent Divorce

We had a love marriage in July 2014.I was in a relationship with another guy earlier, but have been completely faithful in the marriage.
If I stop my husband from alcohol , he will pick up fight on pity things and start drinking. Every time he drinks he will emotional and sometimes physically abuse me and call me character less because I had relationship earlier.
He has many times said he wants a divorce. Can we file for a mutual consent divorce considering the following facts

1. We still live together
2. We do not reside in India, we live in Singapore.
3. We have no financial demands from each other.
4. I am Hindu and he is Buddhist.

My in laws are nice people and i don't want to make a case of physical abuse,I wish to settle the case peacefully, causing the least damage and as soon as possible.
Asked 1 month ago in Family Law from Thailand
Religion: Hindu
1) was your marriage solemnised in India ? 

2) if it was solemnised abroad was it registered under provisions of foreign marriage act 

3) if so you can file for divorce by mutual consent in India 

4) consent terms can be drawn and annexed to divorce petition 

5) divorce won't take more than 6 months 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
Do note that mutual divorce is a legal right and no court can estop the willing aprtners from getting so if they decide for the same.
Do further note that no allegations are required to be levelled to get this and hence once you decide you can file the same and get the divorce.
So if both you and your husband agrees for the mutual divorce then file the petition for mutual divorce in India and withing six months you will get the decree of divorce.
Feel free to contact.
Devajyoti Barman
Advocate, Kolkata
5179 Answers
54 Consultations
4.9 on 5.0
1. You are free to file for mutual consent divorce in India if you were either married in India and one of you is a citizen of India.

2. Since Buddhists are also Hindus under the Indian law both of you will be governed by Hindu Marriage Act,

3. In MCD it is open to wife to relinquish her claim to alimony. MCD is the only hassle free and taint free mode of dissolution of marriage in India.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
1. You can file MCD petition in India mentioning therein that you two are staying separately for one year or more.

2. You shall have to file the MCD petition in India giving two separate addresses for both of you and with respective address proof (like voter ID cards). You can file the MCD petition before any court where either the husband's or the wife's residence is located or where both of the last resided.

3. So, make it a simple MCD petition stating that you re seeking the divorce for not being compatible to each other.

4. If you have married as per Hindu Marriage Act or Special Marriage Act, you can file the MCD petition before the Court. You two shall have to appear before the Court after around 6 & 1/2 months from the date of filing the MCD for the final hearing called the 2nd motion when both of you will be asked whether do you still desire MCD or not. If both of you say yes, then the decree of divorce will be issued by the Court.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
You can file mutual consent divorce in India only if you are separately living from your husband for one year or more. 
2. You may however file for divorce in Singapore if law permits it to be filed being together and it will be valid in India 
3.The same law is applicable in this country for Hindu and Buddhist 
Sushil Jha
Advocate, Patna
161 Answers
0 Consultations
5.0 on 5.0
If you want to dissolve your marriage by mutual const, you can very well do it in Singapore also becasue you both live at Singapore now. 
If this marriage was solemnised in India and you would like to get divorce decree in India, you can do so but you both will be required to visit India twice for this purpose. 
There is nothing wrong or illegal to file a divorce case even if you both are living together but you may have to plead that you both live separately under the same roof for more than a year. 
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5179 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
433 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2731 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1910 Answers
19 Consultations
5.0 on 5.0