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SUNIL (DOCUMENTATION EXECUTIVE)     25 October 2014

Divorcee through affidavit is valid or not

dear sir

my marriage date is 24/11/2012 , me and my wife leaving seprately from 04th april 2013 

she filed 498A & 406 on me , 

now she is ready to give me divorce.

DIVORCESS THROUGHT AFFIDAVIT ON BOND PAPER IS LEGAL - 

 



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 4 Replies

Adv. Chandrasekhar (Advocate)     25 October 2014

Get affidavit.  But that is not enough.  Then both file mutual consent divorce and six months after both will get divorce decree.  If she is ready also ask her to drop all other criminal cases filed against you. Court decree is important for divorce.

SUNIL (DOCUMENTATION EXECUTIVE)     25 October 2014

as she is ready to take all criminal cases against...

one of my friend told to that tell her to go first file crpc 482 in high court get fir quashed..

then only you give her divorcee..

is the said process ok or not 

regards

sunil

Sudhir Kumar, Advocate (Advocate)     27 October 2014

first make an agreement and then file quash petition in High Court and divorce for mutal consent.

Adv k . mahesh (advocate)     27 October 2014

Affidavits are not accepted legally and not enforceable as divorce in the eye of law so before starting the process of divorce first you make your wife to quash the 498a and 406 through your jurisdiction High court and court quashing the FIR under Section 482 of crpc

then both file a mutual consent divorce also be firm about alimony dont talk about this and prepare her 

already she is also interested to give divorce so do not waste time and draft the mutual consent divorce petition with your lawyer with all terms and conditions and also if any children then plan accordingly 


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