Divorce under Mutual Consent

Riya (Querist) 20 December 2008 This query is : Resolved

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H. S. Thukral (Expert) 20 December 2008
Dear Ms. Riya

Before saying anything on your problem I feel necessary to quote from a judgment of SC
" Parties to a marriage tying nuptial knot are supposed to bring about the union of souls. It creates a new relationship of love, affection, care and concern between the husband and wife. According to Hindu Vedic philosophy it is sanskar a sacrament; one of the sixteen important sacraments essential to be taken during one's lifetime.

There may be physical union as a result of marriage for procreation to perpetuate the lineal progeny for ensuring spiritual salvation and performance of religious rites, but what is essentially contemplated is union of two souls. Marriage is considered to be a junction of three important duties i.e. social, religious and spiritual."

Coming to your problem now a decree of mutual divorce can be passed only on a joint application. So if you donot agree to divorcein this way is out of context.

Since your relationship with boys did not go beyond chattng, allegations of adultery can not be attributed on you Or does your husband believes so or has a proof with him in this regard? A divorce under the Hndu Marriage Act lies if either spouse is guilty of adultery.

In my opinion your behaviour has definitely casued mental agony to your husband and tentamounts to cruelity. Cruelity has been defined and discussed by various Courts and is topic of discussion. So it is my opinion only. You can consider expert opinion of other lawyers too. A divorce petition can be filed on this account.

Usually a divorce petition under section 13 of HMA results in protracted litigation. and it affects the lives of both parties . If a wise counsel prevails the measure should be taken in extreme circumstances. Yet your husband is deeply hurt and is likely to be ill-advised to take such steps.

Your temperament also seems to be a quick silver as in revenge you retaliated by indulging in immorality.

Keep making amends by apologising and sincere remorse for your behaviour. You never know he may melt down.

anantha krishna n.v. Advocate (Expert) 21 December 2008
Riya, are you a muslim or Hindu?
This is required to look into the personal law you are governed by.

as regards snaps in the email, unless it is leading to ONLY ONE CONCLUSION that you were in a compromising mood, you can always say that you have no illicit relationship.
However, please note that marriage revolves around one word 'TRUST'. Try re-securing this. Else, even if you reconcile, it may not be a permanent one. Better sit with elders on both sides and come to reasonable understanding about the future.Both of you have legal remedies to fall back upon. But, before that it is better to sit across and sort out.
regards

Vinjamuri Venkata Rao (Expert) 21 December 2008
well
i can understand your problum
no one can get a divorce with out the consent of other spose. you said you already informed all to your husabnd and he agreed and married you. the pics and e.mail are before marriage, if you prove that you informed before, he can not get divorce easily.
if you want to live with him, you may file a op under section 9 of Hindu Marriage Act, if you are a Hindu or otherwise you may file a petition for restitution of marriage to live your husbad immediately
if you want more infarmation pl contact
09866550610

Riya (Querist) 21 December 2008

Prashant Kumar Jha (Expert) 21 December 2008
Dear Ms Ria
according to ur narrated situation i feel that u need some time to persue ur husband so firstly u don't sign the mutual consent divorce petition and in the mean time try to persue ur husband that u have changed urself.in this case if u will not sign the mutual consent papers ,ur husband will have to file divorce petition in the court which is a lanthy process it will take long time.in between u will have enough time to persue ur husband. chatting didn't comes within the perview of adultery,and ur previous photos if that is not obscene/in any wrong possition ,that can't prove adultery.don't be afraid, divorce is not so easy thing .the Hon'ble court thinks 100 times before passing a order of divorce to settleup the dispute ,not to break the home or family.pl don't sign divorce papers otherwise u will lose everything.TRUST is the foundation of married life so pl try to restore it with ur husband.
if u want any more quarry u can contact me on 9419797176

Riya (Querist) 22 December 2008

PALNITKAR V.V. (Expert) 22 December 2008
Dear Riya,
Mr. Prashant Jha is absolutely right. First you should try to reconsile. Think of divorce only if reconciliation is an impossibility. I would advise that if reconciliation is impossible then it is better to go for consent divorce. Because dragging the matter to the court would not give real solace to you even if you win. After all you can't force your husband to stay with you. Even if he allows you to stay with him, that may not be a happy union. In such a situation it is better to break up and try to find out a good partner who understands you.

Guest (Expert) 22 December 2008
He cannot force a divorce by mutual consent. He can only file a family suit for divorce, which can be challenged by you. keep all evidence discussed above and use them in your reply.

Reconciliation is the best, if you are not consenting.

Riya (Querist) 22 December 2008

Prashant Kumar Jha (Expert) 22 December 2008
Dear Riya,
don't be frustated, try for reconcilliation but in the case it is impossible,have trust on GOD as u have left on HIM he will do better for u bcoz there is a proverb that GOD does does for the best.as far as divorce case is concerned it is not so easy to get rid of from wife.
in my openion the advice by Mr Palnitkar is also a good

Riya (Querist) 23 December 2008

Thanks all..

Vinjamuri Venkata Rao (Expert) 23 December 2008
now you may come to a conclusion for your problum in best way with this knowledge.
as my friends stated above, you may act gently and polishly to safe guard your remaining life with out draging on courts, which take long time. it is better to invite your husband to sit with you for some time for mitual discussion and explain all your openions and try to convence him. I hope it may work out and you may get happy days with your husband.

Riya (Querist) 23 December 2008

nitin (Expert) 23 December 2008
hi riya
read your quary and of the opinion that if u dont want to give the divorce on the basis of the mutual consent then also your husband can file a case under section 13b oof hindu marriage act for divorce, any how those snaps could not be produced if your husbend is not having the password of your account and more over inorder to harass him u can also file a complaint u/s 125 crpc and 498A ipc for any other help mail me on nitinmisra08@gmail.com