@Anita
Your is a case of breakdown of marriage. You have very fairly stated to have tried to cope up with your husband but did not succeeded. Still I would advice you both try counselling sessions and give a last try.
Regarding your question - 'Mutual Divorce' is filed under Section 13.B of Hindu Marriage Act, 1955 and is stated below for your reference: -
(1) Subject to the provision of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together,whether such marriage was solemnized before or after the commencement of Marriage Laws (Amendment) Act, 1976 (68 of 1976), on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.
(2) On the motion of both the parties made not earlier than six months after the date of presentation of the petition referred to in sub section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.
Living seperately means two persons living in different homes and not under one roof. Cohabitation is in default not permitted. Any instance of cohabitation within this prescribed 1year would vitiate the seperation.
Hence you and your husband have to move court with a joint petition for Mutual Divorce. The court would send you two for mediation and may inquire about you two being living seperately. After this court shall give a dates so make effort for reconcilliation as it is duty bound to do so. However if you and your husband are not able to live together even after 6months of filing the petition then you have to move another application in the same petition that 6months have elapsed and you jointly plead to the court for a decree of divorce.
//peace
/Saurabh.V
