Regarding divorce
Binu Pillai
(Querist) 16 June 2012
This query is : Resolved
A Divorce which is not being filed in any court but just a mutual agreement was done between husband and wife and the agreement was notaried but the issue is husbands sign was taken showing that wife is signed the document which was found false latter and the major point is that husband and wife doesnt want a divorce but by fraud the sign is being taken and the document is notaried suppose if the husband and wife wants to continue the marriage what should they do.? The marriage is registered under marriage registration act.
M.Sheik Mohammed Ali
(Expert) 16 June 2012
they are must get divorce from court only, otherwise its not valid, if both party will go for mutual divorce they will get within 6 months
ajay sethi
(Expert) 16 June 2012
mutual agreeemnt signed and duly notarised is not valid . in order to obtain divorce order of court is must .
Dr J C Vashista
(Expert) 16 June 2012
Mutual agreement notary attested divorce is void.
Seek divorce through the process of Court.
Adv.R.P.Chugh
(Expert) 16 June 2012
1. Such Agreements are nothing in the eyes of law.
2. Infact Mumbai HC has imposed penalties on people/lawyers making such documents/dissolution deeds, and charging them under various sections of the IPC.
3. Mutual Consent Divorce is the only respite.
Guest
(Expert) 16 June 2012
A marriage can be dissolved only by a decree from a court of competent jurisdiction. Such an agreement is a nullity in the eyes of law.
R.K Nanda
(Expert) 16 June 2012
Agree with experts.
Shonee Kapoor
(Expert) 16 June 2012
they can continue living together, such deeds are not valid divorce.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
SAINATH DEVALLA
(Expert) 16 June 2012
Mr.Pillai,
How did they sigh on the papers with ignorance?Mutual agreement divorce attested by a notary is void.
PARDEEP KUMAR
(Expert) 17 June 2012
This so called divorce is nothing but a nullity. The man and women concerned are still Husband and wife and there acts like remarriage etc., in furtherance of aforesaid nullity, can cause troubles for both of them.
K.K.Ganguly
(Expert) 18 June 2012
Q. If the husband & wife wants to continue the marriage, what they should do?
Ans. They should continue to live as husband & wife since they are already husband & wife in the eyes of law. The notarised so called mutual agreement is void at law and is ineffective.
