my husband want divorce from me

Dear client,

In India, a divorce cannot be granted without the consent of both parties in the case of mutual divorce, or without sufficient legal grounds in a contested divorce. Since you do not wish to divorce your husband and are concerned about him seeking a divorce without your consent, here are some important points to consider:

Mutual Consent Divorce: Both parties must agree to the divorce and sign documents for it to proceed. Without your consent, this type of divorce cannot be granted.

Contested Divorce: Your husband can file for divorce on specific legal grounds, such as cruelty, desertion, adultery, or others outlined in the Hindu Marriage Act or relevant laws. Even in a contested divorce, the court will require evidence and your participation in the process.

Your Rights: You have the right to defend yourself and your marriage in court. You can file a response when served with divorce papers and present your side of the situation. You can also request custody of your 6-year-old son, child support, and alimony if necessary.

Custody of Your Child: In any divorce proceedings, the welfare of the child is the primary concern. Courts generally prefer to keep the child with the mother, especially if the child is young, unless there are serious concerns about the mother’s ability to take care of the child.


Consult a Lawyer: Seek legal advice to understand your rights and prepare to respond if your husband files for divorce.
Mediation or Counseling: You may want to consider family counseling or mediation to understand the reason behind his wish for a divorce and see if reconciliation is possible.
Document Everything: Keep a record of all interactions and any attempts he makes regarding the divorce. This can help in court if needed.

Dear Client,
From the contents of the query, it appears that your husband has filed a one-sided or contested divorce petition before the Family Court seeking a decree of divorce under Section 13 of the Hindu Marriage Act, 1955. A one-sided or contested divorce petition is filed when there is no scope for mutual consent divorce between the married couple. Sub-section 1 of Section 13 of the Hindu Marriage Act, 1955 presents the general grounds of divorce that are available to both the parties involved in a broken marriage and include cruelty, adultery, desertion, conversion, mental illness, communicable diseases, presumption of death, and renunciation of the world. etc. On dissolution of marriage through a decree of divorce, you can claim maintenance or alimony for you and your child from the husband both under Section 25 of HMA and Section 125 Cr, PC provided you are unable to maintain yourself and your child. Section 26 of the Hindu Marriage Act, 1955 addresses issues related to the custody, maintenance, and education of minor children during divorce proceedings. On dissolution of marriage through a decree of divorce, the custody of a child below 5 years of age is given to the mother under Section 6(a) of the Hindu Minority and Guardianship Act, 1956 . As per the Guardians and Wards Act 1890, once a child achieves the age of 9 years in India, his/her preference for custody is considered by the Court on appeal seeking custody of a child by either parent. Fathers can get sole custody of their children. To do so, first and foremost he must establish the unfitness of the mother before the Court seeking the custody of the child. The court must also feel that the father meets the "best interest standard" of the child. In addition, there are aspects of a custody case where fathers may have an additional burden to prove that mothers do not. These include paternity, the primary caretaker role, and home environment quality. Only in case, if the court feels that the mother is unfit to take care of the child, the custody will go to the father. The courts have also held that maintenance can be granted to the wife even if she is living separately from her husband due to his ill-treatment or other reasons. If alimony/maintenance gets paid monthly, the Supreme Court of India has established a benchmark value of 25% of the husband's net monthly earnings to get awarded to the wife. There is no such benchmark for a one-time settlement/compensation, but usually, the amount ranges between 1/3rd to 1/5th of the husband's net worth. If required, hire the service of an Advocate to navigate the issue in the right way.

Dear Client,

In India, divorce by mutual consent requires both spouses to agree. Without your consent, he cannot get a mutual consent divorce.

If he wants to divorce you without your consent, he can file for a contested divorce. In this case, he will need to provide valid legal grounds, such as cruelty, adultery, desertion, or other reasons as specified under the law. The court will examine the evidence and hear both sides before deciding.

Even in a contested divorce, the court gives an opportunity for reconciliation and mediation. If you don't want the divorce and feel there is a chance to resolve the issues, the court will take this into account.

Rights and Considerations for You:
Child Custody: The court will always consider the welfare of your 6-year-old son in deciding custody. Typically, if the child is young, custody is awarded to the mother, unless the father can prove that the mother is unfit.

Financial Support: You can ask for alimony/maintenance for yourself and child support for your son. The court usually orders the husband to provide financial support during and after the divorce, based on his income and lifestyle.

Right to Know the Reason: You have the right to know why he wants a divorce, and the court will require him to prove his claims if he files a contested divorce.


If possible, try to have an open discussion with him about his reasons for wanting a divorce and explore options like counseling or mediation.

Consult with a family lawyer. A lawyer will help you understand your legal rights and guide you on how to protect your interests, including your child’s custody and financial support.

If he files for divorce, you will receive a court notice. Make sure you respond to it, as not doing so could affect the outcome.

Can He Get a Divorce Without Your Signature?
In mutual consent divorce, both signatures are required. In a contested divorce, however, the court can grant the divorce even if you do not sign, but only after going through the legal process, which takes time.


Regards