Pinky (Project Engg.) 30 August 2013

Mutual divorce after 6 years of marriage

We have been married for 6 years, a love n inter caste marriage. In these years my husband use to torture me physically but as of now I do not have any proof for the same. Despite of living under 1 roof we were living two separate lives. Now I have found that my husband was cheating on me. I have the copies of those messages in his inbox. But he is being denying the possibility. Secondly, my husband is not working since last 1 year.

We have a 5 yrs old daughter also, she is with my mother-in-law. My in-laws knows that my husband use to torture me, but obviously now they support him.

By profession I am Engineer. Economically, there is no property or funds or accounts which I want from them. Also now I have moved from our home and living with my parents since last 2 months.

I want to know whether just by living separately it can be declared as separation or do we need to go for legal formality.

Reply Follow

2 Replies

Adv. Nikhil Seth (legal consultant (9867264707)) 30 August 2013

Dear Pinky ,

In law one has to seek divorce from competent court than only marriage can be dissolved in absence of such divorce decree Marriage stands valid. In your case the better option is to file mutual consent divorce if your husband also wishes the same than mutual divorce can be filed and you can pray for custody of child in your petition.

Regards,

Adv. NIKHIL SETH

Mumbai

Adv k . mahesh (advocate) 31 August 2013

after one year if marriage is not fruitful then any one with both the parties agreeing then go for mutual consent divorce

but in your case also you can go for the same alongwith the custody of your child if you intend to and for alimony be clear make a deposit on your child name and fight for it

but merely sitting separetely will does not come under divorce because you or your husband thus have any right to marry again and it will be illegal

if you go through legal divorce only it is acceptable in eye of society