Divorce mutual concern
surajjoshi
(Querist) 15 April 2015
This query is : Resolved
Hi All.
We are looking for a advice regarding divorce through mutual concern.
One of our family member who is married for last 10 years and have 2 childerns.
She has been going through trouble marriage for almost 8 years out of the whole. There was no physical harm done to her by her husband but it was more physiological torture. She had to quiet here stable job, to avoid further struggle between the partner. She had to move her house almost 10 times in 4 years just because her husband was changing his job and never settled down.5 years ago she went through a mental torture in which she even tried to kill hersel by cutting her wrist. There was no police complaint done since we were worried about her. After few family meetings they were back together and had taken another chance of extending there family with a hope of things getting better.
As of know there situation is getting worst within the couple.
We being from the bride side along with her concern decided to get her out of this situation.
We want to know what options we have in having a mutual concern divorce and or divorce through argument in the court.
Our major concern is the childerns education and shelter for them.
Kindly advice which way we should proceed.
Regards
Suraj
Devajyoti Barman
(Expert) 15 April 2015
In mutual divorce you get smooth divorce but get only what husband agrees,.
If she files criminal case for tortures and case for maintenance then she gets justice for the wrongs perpetrated on her but divorce may be delayed.
So choice is yours.
SAINATH DEVALLA
(Expert) 15 April 2015
What could be the reasons for his sadistic behaviour? U R saying only mental torture but not physical, one way she is lucky. Could it be a psychological problem, and a good psychiatrist could cure it.
surajjoshi
(Querist) 15 April 2015
Hello Sir
She was a very ambitious girl with a very caring nature, she have a double master degree. So coming for a middle class family from a small town she had her dreams. The person she married is from the same Hotel Industry. She has a inter caste marriage.
After the marriage the husband started to interfere to much in her job which affected her performance at work. He wanted her to entertain of his family & extended family whenever he wanted.
Slowly things became worst & he finally made her to quiet her job within one year of marriage, with a promise to take care of everything on his own. BTW they were working with the same group of hotels at same location.
He never had a permanent house any were in India till date & they being moving houses almost every season. The kids school getting affected.
Financially he has not fulfilled his promise cause they are still struggling with monthly expense.
For info he is drawing a hefty salary but only spends on himself & not for his family.
SAINATH DEVALLA
(Expert) 15 April 2015
This is a matter which could be settled by proper mediation and counselling. Don't go for legal remedies which will further complicate the issue.
surajjoshi
(Querist) 15 April 2015
Thanks you all for the kind advice.
T. Kalaiselvan, Advocate
(Expert) 22 April 2015
If her husband is agreeing for divorce on mutual consent, draft the terms for that including one time settlement and the children future welfare or else if your relative girl is ready to face him in court with contested divorce, you may proceed accordingly.
