Aishwarya S (team lead) 20 December 2012

Mutual seperation

Hello,

I have got married in the year 2012,June . I have thyroid that was detected in the month of March . But after my marriage that my husband came to know that I have a thyroid problem , he and his mother are asking for a mutual seperation. To be frank I have been facing problems from the day I have come into this house . He never behaved with me properly because of which we used to have regular fights. On asking him once , he said that he didnot wanted to marry me but was forced to do that due to the emotional behaviour of his parents. He used to critisize me for being lil fat for which I said that it can be controlled . And later he realised the thyroid issue and now my husband and inlaws are making a mess of it and want me to go out of this house. My wish is to stay with him forever. So is Mutual Seperation a right way to it. What is mutual sepration and how effectively does it work. After mutual seperation is it possible that I ask my in my husband to have a seperate family witth me . Pls guide me ....

Regards

Aishwarya

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4 Replies

Goutam Prasad (Advocate) 20 December 2012

On one hand you talk for mutual seperation and on the other you are talking of your intents to live with husband for ever. If you both begin living seperately, your husband will get entitlement for divorce after a period of two years desertion period.

In case you want to save your marriage, it is advisavle to try to counsel your husband in calm manner.

In case harassment still continues, even then you should not live matrimonial house. In fact you should get protection order under DV Act and remain in marimonial house.

Thyroid is no ground for divorce.

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stanley (Freedom) 20 December 2012

Even for legal seperation there have to be some grounds for it and your marriage is just 6 months old you would have to wait for a year . And in case even if you get legal seperation the next thing after a period of 1 or 2 years either of you can go for Divorce.

But as you say you want to stick to him like a leech than you would have to convince him and law cannot force your husband to love you be it in the form of a protection order under the DV act indirectly meaning right to residence .

rajiv_lodha (zz) 20 December 2012

Marriage Councilling is utmost necessary in ur case

Samuel (CEO) 20 December 2012

Mutual Separtation as the terms explains: Mutually( you and husband) are agreed to go separate.

Where is point afterwards to form a family together? Pls talk to your husband or reachout councelling. Once your thyroid get over, you will have good lean body where your husband will odour to..

Meet with local legal body or ready this forum posting more and get to know on Divorce and living nature legally.

If you dont want to leave your husband, then dont agree for MCD. God bless.