Divorce by mutual consent for marriage under special marriage act

abcdefghij (Querist) 28 May 2014 This query is : Resolved
I am a Muslim girl married to a Hindu guy. Our marriage was solemnized under the Special marriage act. Now after two years marriage has fallen apart and we want to get the divorce under mutual consent. But the terms, essentially about the compensation, being forced on me by my husband are unacceptable to me. He is willing to give me only half of what he owes to me.

I took personal loan to help him financially and also gave him money from my parents. Total Amount I gave him was more than Rs.25 lakhs, but he is ready to give back Rs.10 Lakh back only. Basically this amount is just enough to settle the personal loan I took for him. So essentially I am not getting anything.

And to further complicate the problems he knows that I don't have a source of income. Hence I cant pay EMIs for his personal loan out of my pocket, while the courts consider the matter. So, he is arm-twisting me accept the offer and move on.

What are my options here?

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ajay sethi (Expert) 28 May 2014
dont go in for divorce by mutual consent . refuse to accept his terms

Rajendra K Goyal (Expert) 28 May 2014
Don't agree for divorce till your terms are agreed to.

Both have to suffer lonely life but no other alternate left.

Devajyoti Barman (Expert) 28 May 2014
If you do not agree on terms amenable to you then it is better not to agree on it.

If you do not consent nobody can force you.

Guest (Expert) 28 May 2014
It is better to resolve your dispute thru mediation cell if possible otherwise don't agree for a mutual consent divorce.

R.K Nanda (Expert) 29 May 2014
agree with experts.

abcdefghij (Querist) 29 May 2014
what options do i have?how can i get my money back from him?

T. Kalaiselvan, Advocate (Expert) 31 May 2014
More and more tortures by you in the form of rejecting the mutual consent divorce, filing case under domestic violence act, lodging a complaint u/s 498a and 3 and 4 of DP act will pressurize him to come to negotiation table upon which you can dictate terms. Why do you repay his personal loans?, What is the evidence you have that you have lent him the said amount?

abcdefghij (Querist) 01 June 2014
i don have any evidence that i lent him the amount.i trusted him and gave him the cash.he is not paying me anything now.he says he will pay me half of the amount i.e 10 lkhs that too if i give him the divorce or else he wouldnt pay me a penny at all.its been two months since he stopped transferring me the money for household needs and loan interest expenses.

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