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Law Querier (Service)     08 May 2013

Contest divorce case afther agreement of mutual divorce

 

There is a divorce case applied by wife (in Canada) through POA holder(wife’s father) against husband u/s.13(1)(ia) (Harassment) in family court. Husband is contesting divorce case because he doesn’t want divorce. During the divorce case, Husband made fake facebook account of his wife without her permission. Wife’s father has applied complain in Cyber Crime Branch for fake facebook account of his daughter. Cyber crime branch has not made FIR against husband because wife’s father and police department has put a condition to husband that if husband ready for mutual divorce then they will not make complain against husband for cyber crime and will take the complain back.

My question is, if wife’s father gets permission of mutual divorce from Husband by made agreement on Stamp paper then it is final concern of divorce? Court can permitted divorce in concern of permission on stamp agreement. Can husband contest the divorce case although he had made stamp agreement of mutual divorce in future?



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 4 Replies

MohammedRaffiq Bijapur (Advocate)     08 May 2013

marriage are dissolved by a decree of court only. divorce cannot be made on stamp paper. such agreement is invalid

Adv Archana Deshmukh (Practicing Advocate)     08 May 2013

The court will not pass any divorce decree on the basis of a stamp paper agreement. You need to file MCD in the court and follow the procedures properly. The husband will have to file his affidavits and remain present in the court on the first and second motion personally. Merely signing a permission letter for MCD on a stamp paper is not sufficient to get divorce in the court.

Adv k . mahesh (advocate)     08 May 2013

mutual divorce means agreeing both to take divorce who want fast divorce

that agreement made on stamp paper is only a mere agreement that you wont do such acts in future and will be punishable and will take action against you 

alongwith stamp paper agreement for mutual divorce you and your FIL (father in law) has to submit a Mutual consent divorce petition and after submission court will grant 6 months time and will grant divorce after 6 months 

the decree of divorce will be granted by court 

UMESH SALI (PROPRIETOR)     05 November 2013

Dear Sir,

My 1st wife expired and i do 2nd marriage. The marriage is not registered. The marriage had be done on mutual understanding. She have 1 issue from her 1st husband and she is divorcee from 1st marriage.

In four months only she went to her parents home and there after she refuse to come. Now I decided to go for divorce.

Please suggest me for divorce procedure.

 

 


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