What to Do If Your Husband Refuses to Give Divorce in India?

If your husband does not agree to a mutual consent divorce, you cannot make him sign a mutual-consent petition.But just because he does not agree does not mean you cannot get a divorce.Depending on your marriage law and situation, you might be able to file for a contested divorce based on a legal reason.

1.

File for a Contested Divorce

If you cannot get mutual consent, you can go to the right court and file for a contested divorce.

If you are married under the Hindu Marriage Act, 1955, Section 13 lists some valid reasons like cruelty, desertion, adultery, conversion, mental disorder, renunciation of the world, or if your husband is presumed dead.

You need to prove one of these reasons with proper evidence.

2.

Consider Maintenance

You do not have to wait until the divorce is finalized to ask for financial support.

Under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), a wife who can’t support herself may get maintenance, subject to certain rules.

This section also allows for temporary maintenance and covers the costs of legal proceedings.

A lawyer can help you understand other maintenance laws that might apply.

3.

Child Custody

If you have children, the court can decide custody and visitation rights.

The main thing the court looks at is the child’s well-being and best interests.

The outcome depends on the specific facts of your case.

4.

Protect Your Stridhan and Property

If your husband or his family is holding your stridhan, like jewelry, gifts, or property, talk to a lawyer about the right steps to get it back.

If you are facing domestic violence, the Protection of Women from Domestic Violence Act, 2005, offers help.

This includes protection orders, staying in a safe home, financial support, and custody orders.

Disclaimer: This article is for general information only and not legal advice.

The legal reasons, steps, jurisdiction, and remedies depend on your marriage law and specific situation.