Legal Question in Family Law in India

I have been married for a year now, don't have any children.
For last one year i have been facing issues with my in laws, my husband used to support me in the beginning however, lately he has stopped
supporting me. I was not not able to get along with my in laws esp. my mother in law. After a year of mental torture n stress, i have come back to my parents place and staying with them for a month now. however i still want to live with my husband, but husband wants a mutual divorce. he is not ready to leave his parents n stay with separately because of his mother's emotional pressure. I am in contact with him on phone, he calls me n keeps asking me for a mutual divorce. Lately he has told me to come(as we both are from different states, i am from Lucknow n my husband from Delhi.)
to Delhi so that we both can go to a lawyer and sign papers for mutual divorce. Every time he calls me up he talks about same thing which gives me
a lot of mental pressure.
My concern is that, is it possible that my husband can take a mutual divorce even in my absence, or my signatures.
This there no way that i can reconcile things between us n possibly live separately.

Asked on 3/17/12, 4:14 am

3 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

0 users found helpful

0 attorneys agreed

your husband cannot take divorce by mutual consent without your signatures and presence in the court. regarding reconciling and staying separately, you need to talk to your husband and convince him or seek help of elders at home.

Answered on 3/17/12, 7:00 am

Mark as helpful

Devansh Bhardwaj Devansh Bhardwaj

0 users found helpful

0 attorneys agreed

The only way in which your husband can get divorce from you in your absence is in Ex-Parte manner. Otherwise your husband can not get divorce from you.

Now further if you both want to go For a Mutual Divorce then that can also happen but for that also both of you are required by the Court.

FOR FURTHER DISCUSSIONS IF ANY, FEEL FREE TO CONTACT ON 09415109404 OR [email protected]

DEVANSH BHARDWAJ

ADVOCATE

LUCKNOW

Answered on 3/17/12, 9:08 pm

Mark as helpful