Xdude Cool (Service) 04 August 2014

Divorce from husband

Dear all respected lawyers

My friend is 33 years old lady and a mother of 2 settled out of India and is working on independent work visa. She earns enough for herself along with her kids. She has made up her mind for seeking mutual divorce from her husband as the two are not able to stay with each other. She is ready to give a kid to husband and keep the girl child with herself or both the kids with herself. She has indicated her intentions of getting separated to her husband several times though, he did not take it seriously and he has threatened her that he would not give her divorce at all. Kids do suffer between the quarrel of two. There is no specific reason for their quarrels however she has just realized that she cannot live a harmonious relationship with her husband. Having firmed up her mind, she does not want to undergo any counseling Therefore she has firmed up her mind to seek divorce from him.

Having narrated all the situation above, please could anyone suggest the way toward getting divorced legally from her husband with the custody of either or both the kids?

Many thanks in advance for the replies.

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2 Replies

Tajobsindia (Senior Partner ) 04 August 2014

1. She does not seem to have grounds to seek divorce via traditional route.

2. All she can do is to plead with husband to agree for divorce via Mutual Consent Divorce route. For the same she may be asked by her husband to agree to more of his terms and conditions.

3. Hence, ask her to work on para 2 herself.

4. If he does not agree to Mutual Consent Divorce then she has to create grounds as per her Personal Law and opt for consented divorce by appointing a local person with Power of Attorney and be available only during her Evidence stage. In this option she may or may not get divorce and all depends upon quality of her evidences on the grounds she has claimed for seeking divorce.

5. Counseling done by trained counselors are great way to diffuse acrimony and or make parties to agree to part amicably and it is worth a try by parties when in Catch 22 situation such as this friend of yours is in from the bare look of the brief.

[Last reply]

Laxmi Kant Joshi (Advocate ) 04 August 2014

She have to get ready her husband to go for mutual consent divorce as it is fast and easy process , they can make their joint mou , write all their accepted terms and conditions in it , on the other hand contested divorce needs some grounds as described in sec . 13 of HMA , and it is also time consuming , she can tell to her husband cooperate with her in obtaining mcd divorce otherwise she will ruin his life by filing several cases against him.

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