Mutula consent withdrawn by husband

Dear Sayali Please don’t be upset. Don’t take wrong step (suicide). Life is to live only and not to die. Under Section 13-B of the Hindu Marriage Act of 1950, the parties can seek divorce by mutual consent by filing a petition before the court. After the filing of the petition and recording, any of the spouse is fully entitled to withdraw the mutual consent. In such an eventuality no divorce decree can granted by the court. The consent can be withdrawn during this period of 6 months. The court is bound under such circumstances not to grant a decree of divorce. There is no option available to the other party to such circumstances except to file a normal petition for divorce under the provisions of the Section 13 of the Hindu Marriage Act, 1950. In such a situation divorce can be granted only on certain specified grounds as mentioned in the said provision. These grounds include cruelty; desertion etc etc. I suggest you to immediately file a petition for maintenance before the family court under 125 Cr.PC. This will help you get some financial relief. As your husband has withdrawn the mutual consent you are entitled to file a normal petition for divorce as stated above on the ground of cruelty or whichever applicable. The above two cases (maintenance and divorce) are necessarily to be filed by you immediately to protect your interests. As you say that you are unable to pay lawyer fees you may approach the legal services authority of your district or city and seek free legal assistance. The government will provide you free legal assistance (lawyers) for conducting your case. Good Luck.

Thank you sir, but can I also seek divorce along with maintaince under section 125 Cr.PC. Since he refuses that he has ever harassed or misbehaved me. I have emails & SMS. What judgement is likely to happen as he cannot force me to remain married without physically staying with him as he is not giving me divorce. How should I get a way out. He has done cruelity by means of emails & harrased me by sending emails to my office allegations against me without proof.

Dear Sayali

 

Though your husband may refuse that he has not harassed you, you have stronger proof of SMS and emails clearly showing that he has harassed you and sending emails to office address clearly amounts to cruelty and surely you will get divorce easily. 

 

As suggested by me in my earlier post, immediately file a maintenance petition and a divorce petition on the ground of crulety and let both these cases be filed and run simultaneously and you will get definitely a good relief.  You can seek both divorce and maintenance under 125Crpc together. 

I am employed but I stay with my mother who is retired and ailing health.He has already taken anticipary bail from court and now he sending emails to my office authority as I am in service industry. Its so much of mental torture for me. As he says that I have mentally tortured him since marriage. All his false allegations are just to torture me and should loose my job. Do I still have a right to claim alimony as my salary is not enough for my living

Even if you are employed and earning salary you are still eligible to claim maintenance on the ground that the present salary is not enough for your livelihood.

 

As already stated by me you have a good ground for divorce as your husband has sent  you emails to your office and has made allegations. It comes under the ground of cruelty to claim divorce.  You can get divorce.