Forcing Mutual Divorce
Nithya
(Querist) 15 October 2017
This query is : Resolved
Hi, I've been married for 6 years .I have a son.I filed domestic violence case and interim maintence twice as along with his sister he suspected the pregnancy as I came parentral home and avoided even after the birth of child saw the kid in police station at 50 the day . . first time it was revoked once mc ordered and he made a compromise and I lived with after 2 years him for 2 months . but as he behaved like a fake reunion again we seperated and I again re-filed the old case claiming failed to oblige the promise . now after 2 years. He is forcing me for mutual divorce. How should I defend now where still the case is given ex parte and order of maintence is under process. He is sending messages and torturing me to give mutual divorcedivorce where still I would like to re join
Vijay Raj Mahajan
(Expert) 16 October 2017
Divorce by mutual consent as the name suggest is with consent of both parties and the consent has to be by free will and without any force or fraud. If your husband forcing you to agree for divorce by mutual consent, you can always refuse for the same. Even if both jointly file divorce by mutual consent, you can anytime before the case is decided by the court withdraw your consent for the same. Ignore his messages where he insist for divorce rather you can use these messages as acts of mental harassment and cruelty on you by your husband just to avoid his financial liabilities towards you and your child.
Rajendra K Goyal
(Expert) 16 October 2017
Do not agree for Mutual consent divorce only due to reason that he is torturing / forcing. Try to save marriage or if not possible, agree for divorce only on acceptable terms and securing future of your children.
Proceed with the maintenance case for you and your children.
In case of circumstances / events exists, file DV case.
