divorce agreement

Assumi ji

The world is not an ideal world we are living in....sometimes love is from one side and not from the other side...or may be not from either side...

It is always better to follow the legalities when relationships have come to a point of no return,as to avoid future complications..

"There is a ruling of the Supreme Court of India that now time has come when the matrimonial bondages amongst Hindus also taking the shape of contract due to ambitions of the couples. All the more the out of court mutually  divorcing document on correct and proper stamp paper if executed by both is a civil  agreement which carries value. There is a fixed  period during which both the parties are free to challenge such agreement as having been got executed under undue influence. If that period passes then the agreement becomes unchallengeable and this plea can be raised before the court accordingly. There is also a provision to get declaratory decree about the ending of the marital relationship on the basis of the agreement referred above."

What are the steps / procedure to do this kind of an agreement?
Also what is the time period before which one can challenge this.. please help.

Dear Chabbra ji,

Thanks for your valuable insights, could you please throw some light about the procedure for divorce agreement & how to legalise it, if one of thhe spouses is not willing to appear before the court?]

lookin gfrward to hear from you

thanks & warm reards

Shiv

Dear Mr.Jain, Before 1 year you cannot get divorce and such papers did not relase you from your marriage bond.

Coz if one year period will be waived off or such agreement will be consider as genuiene then the whole society will be ruiened. coz if such agreements will be applicable then the main benifit will goes to the PROSTITUTES.

One day they will show marriage and on second day they will make agreements for divorce and a simple people will not be able to stop such prostitution on the very corner of your society.

Further dear Chabra ji, will you plz send me the sitation of such judgement. So that i want to go through it.

Regards

chabra ji , i have gone thru almost all supreme court judgements on matri cases after 1970 but have not come across such a citation as yet , please throw sunlight on this matter as such a citation will be revolutionary change , it is against basics of marriage act , so please give this citation.

Mr. SHIIV SHIV,

I don't know whether you will read my this reply to your query dtd 12.2.11,for, I'm sorry, tobe out of touch with you for the last almost 6 moths. My this reply will answer the queries raised by Awinash Kaur ji, Ambika ji and Mr. Smile. Awinash ji the ruling which I hinted gives only this much version that the SCI has given recognition to the fact that the ambitions of the couple have now turned in, in  many of the matrimonial cases, to take this sacred relationship like an implied civil contract wherein they put in conditions tobe with their spouse before marriage or after marriage. The essence of Hindu marriage is a sacred relationship of two souls in a religious manner never never backing out of it. Very good wordings have been used by the SCI in the ruling which I had hinted. This ruling is almost more than 10 yrs old and it only states that this relationship in modern time is now becoming a contract like relationship. I do not remember the exact title and case no. but if you contact maanvisushant@gmail.com perhaps you may get it.

Now my reply to Ambika ji, please. Ambika ji, to get govt. job for a divorced lady in the quoto of widow/divorce ladies the out of court divorce document will not work, that much I meant, because they seek divorce decree of court. Please be clear that in general quota there is no problem, as such. Regarding future complications etc you have spoken very nice. I appreciate it. I too follow this policy. Whenever a client comes to me asking for legal help/case for divorce dowry case etc I tell him/her first to thoroughly decide. Because once the legal procedure starts then the bitterness in relation will jump to Himalayan heights. So if can adjust and compromise and maintain mutual tolerance then save your family life. And if you adopt legal course be thorough and don’t look back and get cleared with the completion of all legalities in every respect of your matrimonial rights and liabilities, specially when children have taken birth, so that they may not suffer due to your bad relations,for which they are not at fault.  

Now, as far as steps/procedure, agreement  and duration, I’m answering SHIV SHIV and Mr. Smile, see, its between you and your spouse to settle the terms genuinely in writing before a quasi judicial authority without any fraud, fear, pressure, coercion and undue pressure and the things should be completely voluntarily. And then a period of 3 yrs will hang over you both and any of you can challenge the out of the court mutual divorce document  in the court  if the document is got executed under undue pressure etc. And if nobody challenges it even after long lapse of 3 yrs then the document will become finally admissible as evidence of private mutual voluntary separation. And it will work as a very good defence if any thing goes wrong. So the procedure and steps are very simple. The law of estoppel and the law of fact admitted can not be argued will also help if any thing goes wrong in future.

B.S.CHHABRA, legallhelpp@gmail.com   09636559976

Outside Agreement for divorce has no lagal validity. Your valid marriage must be dissolved validly. Otherwise, it will remain as it was. If you marry anybody, you will be subjected to penal provisions. Go to court for divorce to save yourself.