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DIVORCE DEED

(Querist) 28 March 2009 This query is : Resolved 
ONE OF MY CLIENT TO AVOID LITIGATION EXECUTED THE DIVORCE DEED WITH MUTUAL CONSENT.
1. I WANT TO KNOW THE VALIDITY OF THIS DEED IN THE COURT OF LAW.
2.IS IT REQUIRED TO OBTAIN DECREE FROM THE COURT.
3.CAN ANY PERSON GET DECREE ON THE BASIS OF THIS DEED EASILY.
3. CAN THEY GO FOR MARRIAGE WITH OTHER PERSON ON THE BASIS OF THIS DEED, IF YES - THE VALIDITY OF THE THAT MARRIAGE.
PALNITKAR V.V. (Expert) 28 March 2009
Unless custom permits divorce outside court, the divorce deed has no value and divorce has to be obtained through court. The deed of divorce can be a piece of evidence but other formalities have to be completed. If the divorce is not legal the remarriage would be illegal.
Tribhuwan Pandey (Expert) 28 March 2009
I agree with Mr.Palnitkar but as per law for only court can pass valid divorce decree.
M. PIRAVI PERUMAL (Expert) 28 March 2009
I fully agree with the views of Mr. Palnitkar.
Rajneesh Malhotra (Expert) 28 March 2009
Mutual Divorce can only be granted by the court. Till then the mutual divorce papers are just like waste papers, without any backing of law.

Ask your client to deny them at any stage, unless she/he wants a divorce and is agreeable to the compromise arrived at.
B.B.R.Goud. (Expert) 29 March 2009
as per Hindu Marriage Act and other marriage Acts, the mutual consent is a vital ground to end the unhappy cohabitation of the marriage, by which a decree can get after fulfilling other formalities as per the customs of the family.

once the decree is legal as per the provisions of the law and customs, they can remarry, without which it is illegal.
satish verma (Expert) 29 March 2009
Divorce decree can not be on the basis of mutual deed
Pawan Mittal (Querist) 30 March 2009
My Dear friends, Thanks for the reply.

Every one saying Divorce deed on the basis of mutual consent not valid even attested by notary. Please let me know in which section it is not a valid deed.

Apart from it, in which section it is the Mutual Divorce can only be granted by the court.
Hiralal Das (Expert) 05 April 2009
Please follow the valuable opinions of the learned members who already have been given to your answer.
SANJAY DIXIT (Expert) 26 May 2009
1. No validity in the eyes of law.
2. Yes. Only Court can pass a decree of divorce.
3. You may use the said deed as an evidence.
4. No. Without obtaining the decree of divorce by a court, the re-marriage will be illegal and also punishable by law.


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