'We have filed for divorce by mutual consent but it's taking too long'

We have filed for divorce by mutual consent but it’s taking too long. We were asked to find a way to work out differences by the court, which hasn’t worked. Given how expensive rents are in Mumbai, I am constrained to live in the same flat. My sister says this will affect the divorce. Please explain.
If you have filed for divorce by mutual consent, it shouldn’t take this long. Have you complied with the consent terms? It seems that you both have undertaken to the courts that you wish to attempt reconciliation and that is why so many adjournments are taking place. Please make sure you speak to your wife to determine what you intend to do on the upcoming court date. Do understand that she can withdraw her consent to the divorce if she wishes and if that happens, the Mutual Consent Divorce Petition will fall. Also note that the petition will stand abated beyond 18 months from the date of filing the petition. It is unclear to me if there was a contested petition and if you entered into consent terms in that petition. If that’s the case, then you need to review it accordingly.

We were barely married for 6 months when my husband, without informing me, left for another country to work. He returned last year after three years and in this time, I had a baby and worked hard to sustain the two of us. I don’t have place in my life for him. On what grounds can I seek a divorce?
Do you both live in the same house together? How is your relationship? Does he provide for you and your child financially? Depending on the answers to these questions, you may consider filing for ‘divorce under cruelty’ and also seek maintenance for yourself and your child as well as custody of your daughter. You will have to build your case accordingly which will be a contested petition. If you feel that your husband will be agreeable for a mutual consent divorce, you can discuss the same.

I’ve been married to my wife for seven years and have a five-year-old son. Since the past few years, we argue over the smallest of things. I am seriously thinking about divorce. I’m scared of custody issues as I’m very close to my son.
Have you and your wife tried counselling? I urge you to try and save your marriage before taking drastic measures. It is true that custody of children below the age of 12-15 usually go to the mother. Each case is different and you would have to prove that she is not the primary care giver. However, if you do decide to file for divorce and custody, I would ask you to contemplate trying to settle the matter mutually. Lay out all the terms such as alimony to your wife, residence, child support and so on, if she is agreeable for divorce. If not, you can file in the courts.

Advocate Fazaa Shroff Garg is the co-author of Breaking Up, Your Step-By-Step Guide to Getting Divorced. She practices family law. Ask her your questions at dnasunday@dnaindia.net