Any need for divorce?
Guest
(Querist) 08 May 2014
This query is : Resolved
I am writing anout one of my Friend. My friend got married i the year 2013 on february 13. The marriage was performed against her wish as she couldnot come out of the house as she was concerned about her father. Any how she got married at the age of 25. Prior to her marriage she infromed the groom that the marriage is against her wish, even after intimating her wish to the groom he still got ready for marriage. So she was helpless and got ready for marriage thinking about her parents. But after her marriage she faced a lot of problems from her husband side, but still she got adjusted and continued but later her parents came to know that the groom has an affair prior to marriage and he is continuing the same. When the ssame thing was asked he rejected and said he doesnot wan to further continue the marriage, hence the two got seperated through a mutual understanding agreement on April 2nd 2013 i.e., just after 1 and half month of the marriage and got the agreement notarized. Till date these two have never met again from that day.
Hence my question is whether the Agreement entered and notarized is valid? Whther the girl can go for other marriage? in case if she goes for other marriage does she face any problem since they have got seperated outside the court?
Devajyoti Barman
(Expert) 08 May 2014
No agreement except seal of court can validate dissolution of marriage.
Since both of them appear to be amenable for mutual divorce, ask then to do so through a court of law.
The agreement has no force in the eye of law.
Sankaranarayanan
(Expert) 08 May 2014
without court zeal it is not valued dissolution without proper court order the second marriage is the problem
Rajendra K Goyal
(Expert) 09 May 2014
The agreement is not valid in the eyes of law, get Mutual consent divorce.
K.K.Ganguly
(Expert) 09 May 2014
1. No. The said notarised agreement of divorce is invalid. They are still married couple in the eyes of law,
2. Both shall have to obtain a decree of divorce to legally terminate the relationship & remarry,
3. They should now file a mutual consent divorce petition to mutually get the decree of divorce,
4. It takes only 6 & 1/2 months to get the MCD decree from the date of filing the said petition.
Guest
(Querist) 09 May 2014
Dear All,
Thanks for your reply.
I have one more query in this regard.
In the said agreement they have inserted a clause stating that " Either party in future shall not approach the court against the other party for divorce. And in case if any of the party approaches the court in future then they shall be sued for violating the terms of the agreement."
So now if she approaches the court for divorce, does the other party has chance to sue my friend, that she has violated the terms and conditions of the agreement?
This agreement has been executed in front of the elders of the family. Only with the consent of the elders of the family this agreement has been executed and the witnesses were the fathers of the both the parties.
And now my friend even doesnot know where that person is living and where hge is working. Her family till date doesnot had any communication with the other party. Then what are the steps in this case to approach?
ajay sethi
(Expert) 09 May 2014
since divorce agreement is invalid wife can file for divorce .
contact a local lawyer and file for divorce
K.K.Ganguly
(Expert) 09 May 2014
1. The said notarised agreement of divorce is invalid,
2. The term mentioned in the said invalid agreement that no body can approach Court for divorce is also illegal, hence not binding on any party,
3. Let her file a divorce petition if he is not traceable sending notice to his last known address,in proper way,
4. If he fails to attend the court hearings, the matter will be decided ex-parte,
5. Engage a local lawyer for the said purpose.
Devajyoti Barman
(Expert) 09 May 2014
Whatever is written in the agreement and whosoever were present while executing this, it has no force at all.
Still either of the parties will have to file suit for divorce and the other party if he/she so wishes can contest this suit.
So best of luck to them.
T. Kalaiselvan, Advocate
(Expert) 10 May 2014
The said agreement is not enforceable and appears not at all valid in the eye of law. She cannot go for second marriage on the basis of this agreement, she has to get a valid divorce from a court of law. If he is not agreeing for mutual consent divorce, let she apply for regular divorce itself n the grounds of cruelty and non-cohabitation.
