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Divorce

Divorce - inlaws issues

I am 27 yF I was married in March 2024 love marriage. With dad's permission.but now due to inlaws issue I want divorce. My husband also is agreeing for divorce. But my dad is not willing..he says first clear loan which your husband has taken on ur name. Then divorce. Can't this be settled after divorce? Coz loan is big. And my dad has kepte in house arrest. Only allowed to go with him outside . He is not accepting that I have my own life. I want to marry a guy after divorce. So my dad is against it. And problem is he is 33 yrs m. So he can't wait any longer. Coz his family is pressing him for marriage. And till I divorce he can't introduce me in his home. What should I do

( Thane, Maharashtra )

1 month ago

Reply

Dear Client,
Section 14 of the Hindu Marriage Act states that no one is allowed to file a petition for divorce within one year of their marriage. Section 13B of the H. M. Act provides for divorce by mutual consent. As per Sec. 13B(1) of HMA, the essential ingredients for filing a mutual consent divorce petition are: 1. The parties have been living separately for one year or more. 2. They have not been able to live together. 3. It was mutually agreed that the marriage should be dissolved. Documents Required For Mutual Divorce include a copy of the marriage certificate, a copy of the address proof of both parties, a copy of the income proof of both parties, a copy of the birth certificate of any children of the marriage, the Memorandum of Understanding (MoU), and the joint divorce petition. The primary purpose of an MOU (Memoranda of Understanding) in divorce proceedings is to provide a clear, enforceable understanding of what each party has agreed to before formalizing the divorce, and such an MOU should be well-informed and well-drafted by an expert counsel. Being a co-applicant of the loan, you can approach for its settlement of that loan before the submission of the divorce petition. Once the MoU is finalized, the couple can file a joint divorce petition in the Family Court. As per Sec. 13B(2) of the Act, after the presentation of the MCD petition, a cooling-off period of not less than 6 months is allowed, but not later than 18 months on motion of both parties. Until and unless a marriage is annulled by a decree of divorce, neither spouse can remarry. So, it is advisable to get the MOU well-drafted and process the MCD petition by an experienced Advocate to navigate all the issues in the right way.