Validity of agreement
Manish Kumar Singha
(Querist) 30 June 2012
This query is : Resolved
MY GIRLFRIEND WANTS ME TO GIVE HER IN WRITTEN MUTUAL AGREEMENT THAT WE WILL MARRY EACH OTHER WITHIN NEXT 3 YEARS. CAN SUCH AN AGREEMENT BE MADE USING STAMP PAPER AND WILL THERE BE ANY LEGAL VALIDITY OF SUCH AGREEMENT? WHAT IS THE PROCEDURE?
Adv.R.P.Chugh
(Expert) 30 June 2012
1. Such agreement is legally valid.
2. However on breach thereof it cannot be specifically enforced through the court - i.e the court cannot ask you to marry that lady mandatorily, because it is a contract based on personal volition, and specific performance would be futile in this case. The Court though in such a case may award exemplary damages for breach of promise to marry.
Sanjeev Dudhat
(Expert) 30 June 2012
i, am with adv. Bharat Chugh.
But, i see that such agreement/promise of marriage seems to me out of place for a relationship which has to be based on love and faith. such agreement if executed is bound to be used for some special reason/ ulterior motive, against you.
R.K Nanda
(Expert) 30 June 2012
Do not execute said agreement as it may be used against you as the girl is very smart.
ajay sethi
(Expert) 30 June 2012
agree with Mr nanda . dont sign any such agreement . if you are having physical relation ship and tomorrow you change your mind and dont want to marry her she will file police complaint against you that you had sex under pretext of marriage . you may be saddled with rape case .
ashutosh mishra
(Expert) 30 June 2012
The legal implications would so as demonstrated by Mr.CHUG.
BUMPY ROAD IS AHEAD.
YOUR ADVISED NO TO EXECUTE ANY SUCH AGREEMENT
M/s. Y-not legal services
(Expert) 30 June 2012
but i am little against to other expert's opinion that there is no legal validity for the said agreement.
law is biased to girls. thats it. after three years if you not ready to marry her mean she may lodge a complaint, police may beat you.
but you are ready to marry her, but she is not ready to marry you mean? police will entertain your complaint?
so no need to entered in to any agreement.
-y.not legal services-
Dr G V Rao
(Expert) 30 June 2012
Relationships and marriage is based on mutual trust and affections. Please be careful of this lady whom you love since she is binding you by such methods instead of love and trust. Such things are unheard of. The legal validity of such documents is secondary and primary is that you too are not sure of your love to her and vice-versa because you are seeking legal opinion on this. Just forget all this and move on in life.
Dr J C Vashista
(Expert) 30 June 2012
Rightly advised by experts, donot do the mistake of executing such a disasterous agreement. In other words, the agreement if accepted/executed shall (definetly) be used as a Weapon to target you.
However, such agreement(s) are non-executable.
Dr. J C Vashista #9891152939
Chanchal Nag Chowdhury
(Expert) 01 July 2012
Validity is doubtful. However,should U decide to go ahead with it,U should be mentally prepared to face a charge u/s 376 IPC in the near future.
