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Divorce

(Querist) 14 June 2016 This query is : Resolved 
Hi,
I am 32 yrs old.I was married on sep5th 2005.I have one son (7yrs)we were together till may 2012,after tht misunderstandings we're happening with us and I came to my parents house and stayed there for about 8 months.after lot of convience,again i went there on jan29th 2013and stayed till March 23rd 2013..bt still the problem hasnt solved and from mar23rd 2013-till now I'm residing in my parents home. My son is with him..as he likes his father much..I didn't pressurize him to stay with me.Now I feel to get seperated from him permanently..to carrion my further life..I don't need any compensations from them..I don't force on child custody.Im looking for a mutual divorce.
what should i do for that?
How should i approach them for mutual divorce?
If they deny?how long will it take it there is no mutual consent?
N R Dash.. (Expert) 14 June 2016
Discuss with your husband for MCD. As you do not have any demand, there should not be any problem in getting the MCD.

There is no guaranteed time limit incase of regular divorce proceeding.
Devajyoti Barman (Expert) 15 June 2016
Since you want divorce there is no harm in approaching him in person.
Otherwise ask some of your relatives to offer your proposal.
Do note that mutual divorce happens when both the parties agree.
Else filing of contested divorce suit remains only option.
Rajendra K Goyal (Expert) 15 June 2016
You may try for amicable settlement to save marriage. If not possible try Mutual Consent Divorce, take help of common friend / relative / society effective person.

Contested divorce may take 3-5 years.
Dr J C Vashista (Expert) 16 June 2016
Discuss with your husband and in-laws for amicable settlement or divorce MCD, there will not be any legal problem.
However, if you feel some shyness or reservation in discussion/amicable settlement, rope in some elderly persons, relative(s) or common friends to initiate a dialogue and get a mutual settlement for MCD (through court process).
Otherwise file a divorce petition on the ground of cruelty and desertion which may subsequently be referred and settled in Mediation or counselling in Family Court.
S.Mohanavadivelan (Expert) 16 June 2016
It itself is a bonanza for him as you abandon everything from custody of the child to alimony.Nothing will be preventing him from accepting your proposal for mutual consent divorce.If it is mutual consent divorce,the time taken would be six months if not it's any ones guess depending upon courts and facts and circumstances.


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