Separation document Valid for Divorce

@ Rajesh u need to hire ld. advocate for this proceedings............i just want u to be extra careful in terms of Crpc 125, 498 (a), DV until your divorce is approved in court

Try to get this done ASAP ............!!!

Is that Separation agreement strong enough to apply Divorce?

Let me make this easier for you..........since you have get your wife signed on stamp paper ask her to initiate mutual divorce proceedings without any maintenance or settlement consent...........by this way you will know what exactly is going on her mind.....you can use that stamp paper as a proof to show your wife's willingness to get divorced.......i want you to execute this very carefully under the observation of learned advocate ??? One more thing even in mutual consent divorce if one party does not agree to the proceedings then it won't be considered that's why i am asking you to initial procedings from her side..........i am sure you will know what is going on in her mind ! I am not an expert neither advocate.

Separation agreement

---   in indian law ,  it has no value, till divorce obtained by a court of law.

is separation agreement against your will?

if so, you may pray for rcr on the basis of seperation agreement.

you may treat it ( Separation agreement ) as a cruelty upon you and pray for divorce u/s 13 of hma

if they agreed then you may proceed for  mutual divorce.

Victim,

They are not interested to come mutual divorce & not interested to come even court. In this case how to get divorce?

Dear Arup Sir,

This situation is very common nowadays, either one of the spouses is not willing to appear before the court they just sign the separtion deed as in Mr.Kannan's case his ex too wants the divorce but not willing to appear before the court, he is stucked up in this situation, so in such a situation what would be the right  option ? can he procceed by filling the divorce petition using the separation deed as supporting evidence? his ex unwillingness clearly shows her scant respect towards the law wiil that work in his favour in the court? what abt ex parte order?

Dear Sir , the reason i am asking is that i have a similar situation with a close frien of mine, the woman is not willing to appear before the court

looking forward to your valuable response and many thanks for helping the distressed on this forum

warm regards

Shiv

@ Author

Not to worry. There is always a solution to amicable couple’s issues under Family Law.

Gyan I J


1. In Law there are Ruling wherein a Party is referred to as PERFORMA PARTY. In such cases what one is supposed to do is first of all file a MCD and request for Amicus Curie or hire a Sr. Advocate who is known to the concerned Court and can vouch for settlement on behalf of Performa Party that is wife.

2. At the time of Motions she need not have to appear in Court but will be treated as PERFORMA PARTY wherein her ID and or bonafide is vouched for settlement by Amicus Curie and or by a Sr. Advocate for her and this preferably works well in cases where some dakshina (alimony) is given to the lady for not appearing in Court.



Additional Gyan Ia J

Flip the milder gyan given above

There are cases of PERFORMA PARTY (this time husband I am stating as Re.) whose Divorce has been done with sitting thousands of miles away and never setting foot on Indian soil. How?


1. Same as per mention in para 2 above, a Sr. Advocate known for his / her integrity has vouched for knowing the Husband who has fulfilled all terms and conditions of MCD like sent a DD / Wire Transfer of alimony at the time of motion(s) and thus never appeared on Indian soil to get a MCD Decree. 


So happy following the HC's Re. trend in such peculiar cases which have been already done with couple of HC's till date.

There is Gyan 1b also before you rubbish


1. In MCD what happens ! There is P 1 (either husband / wife) and then there is P 2 (either husband / wife) – Agree  ?
In asked query husband can be P and STATE can be R.

The MCD Decree will be granted and to the best of my legal knowledge one of the Southern HC has already granted such MCD. 

Dear Author,

You mean to say that without the presence of one of the spouses MCD can be initiated?