Mutual consent divorce under hma
Mukesh Dave
(Querist) 28 December 2012
This query is : Resolved
Marriage registered under HMA.
Marriage One year completes on 15-01-13
Couple stayed together but without physical relation, no response from girl for that. Husband, Both sides family and Girl decides for Mutual Consent Divorce. Whether following ground / point can be covered in filling petition for above.
That the girl marriage was solemnized against her wish. She did not want to leave Mumbai City where she born, brought up, studied and was doing good job in Mumbai. Her husband was staying in Kolkatta. She had to go to Kolkatta. As her marriage was against her wish, she does not have feelings coming out for physical relation with her husband. There is no physical relation in spite staying together.
Both sides willingly want to file mutual consent divorce petition.
Whether above fact and reason can be mentioned in the above petition?
The main point both parties want to mention in petition that there is no physical relation between couple, so it can be helpful for both wife & husband if either of one wants to remarry. At that time they can show reason mentioned in petition to opposite party where remarriage talk going on with Boy.
By covering above reason, fact of no physical relation can be known from the divorce decree. Otherwise opposite party where remarriage talk going on with Boy or Girl may think that divorce may be due to either spouse affair continued even after marriage or may be either spouse shall be having physical problem or extreme bad nature etc etc.
While the genuine reason is only both has no physical relation and that has lead to mutual consent divorce.
Note: Under HMA annul / nullity marriage decree is difficult with only above reason which is actual fact & genuine reason, so both sides decided to file divorce by mutual consent and want to cover above main reason for divorce.
Your detail opinion & procedure for divorce petition appreciated.
Shall be thankful to receive your reply which will be very helpful.
Thanks & Regards
Devajyoti Barman
(Expert) 28 December 2012
In mutual divorce no respective allegations can be made out. It is the mental mismatch or incompatibility which should be the reason for mutual divorce.
Take help of lawyer who would draft a standard mutual divorce petition.
Mukesh Dave
(Querist) 29 December 2012
Your Opinion:
In mutual divorce no respective allegations can be made out. It is the mental mismatch or incompatibility which should be the reason for mutual divorce.Take help of lawyer who would draft a standard mutual divorce petition.
Query:
WHETHER WORD CAN BE ADDED ALONG WITH MENTAL MISMATCH OR INCOMPATIBILITY RESULTING TO NO PHYSICAL RELATION IN FILLING PETITION?
Please Reply
Thanks & Regards
