lifeisbeautiful (searching) 04 December 2015

Husband not responding

Hi,

I am in a confused state as me and my husbthe and are now seperated over 2 years but whenever it comes to mutual divorce, the conversation is intiated but then he stops replying and does not answer phone calls. this is been happening from last one year. he knows i want a divorce mutually. we both have discussed everything. Infact now for mutual he is asking me to return 10k monthly maintenance that he gave in all these 2 years as a compensation for mutual. i even agreed to that. he has been mentally torturing me over this issue from long. He does not answer my parents or family members phone calls, does not reply to messages. showing an escapist attitude only to mentally torture me more as he loves all this attention. I seriously need help that what should i do to get him face to face for mutual. We dont want to contest divorce as its been already 2 years and i dont want to delay it more.

also, i wish to know if both parties agree for mutual and i give him whatever he wants can be divorce be granted in a period of one month as we both do not require councelling as we over with this marriage.

Thank you,

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4 Replies

prabhakar advocate (advocate) 04 December 2015

If you both agree for mutual consent, then also six months cooling period cannot be waived off.

P.Bashista (Advocate) 04 December 2015

In your case if your husband is not giving you divorce by mutual consent then you have only two options that either wait till he agrees or file a divorce. If he will not come to contest your petition then you might be able to get an ex-parte decree. Even if he comes then also when you will file the divorce you both will be sent for mediation. There you might be able to convince him for a mutual concent divorce with the intervention of the mediator.

In regard to the waiver of cooling period of six months only Supreme Court has the power to do so but that will also be done only if you can convince the Court that there is an urgency, like you have got a job in some foriegn country etc which you need to go and join urgently. In that case your divorce can be decreed by the Hon'ble Supreme Court.