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indianzindian (business)     09 December 2010

divorce agreement

husband and wife have taken mutual separation on papers and freed each other from marital bonding(all issues resolved mutually) .....marriage is only 5 months old and for legal decree min 1 year of separation is required....what if at the time of legal decree anyone changes mind???.... is it mandatory to go for legal decree if both have freed eachother ??is this document holding legal entity?


 21 Replies

indianzindian (business)     09 December 2010

the document is on stamp and notorised with witnessess signatures on it..

N.K.Assumi (Advocate)     09 December 2010

If they divorce with mutual understanding outside the court no one can say anything. Its their lives let them have it what they think is best for them.

manjit kalra (system eng)     09 December 2010

it is illegal. get a decree from court after you complete one year , file mcd.

sangeeta mehrotra (conveyancing matrimonial counselling divorce matters)     09 December 2010

In any kind of dispute, warring/litigating parties can, AT ANY TIME (even if the matter is before the court), can sit together to reach a mutual ground.

Thereafter, a joint petition signed by both parties should be filed before the concerned court  meaning under whose territorial jurisdiction either party is living at that point of time or where the marriage was solemnised orwhere either party has a permanent residence.

There are two 'motions' where proceedings mainly involve giving statements on oath before the court and that is based on the facts enumerated in the joint petition filed by the parties. After First motion, 6 months' time is given to the parties, basically giving them time for reconciliation of differences, if possible.

A mutually agreed date for Second motion (it has to be concluded within 18 months from filing the 1st motion) is given on the first date of hearing itself. After both the motions, decree of divorce is granted and both parties get a copy (each) of the said decree along with the statements recorded in both the motions.


just a suggestion-divorce should not be used as the easy way out of a marriage which, in my opinion, is the bed-rock of our society and which needs a lot of serious commitments and understandings on both sides to sustain.

sangeeta mehrotra


Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     09 December 2010

Please advise me if wife is ready to sign divorce papers but not ready to go to court than what is the use of those divorce papers.

NITESH SARASWAT (Advocate Rajasthan High Court)     09 December 2010

there is no validity of such document, without the court's order, and one must have to reach the court for the purpose of divorce, other wise everyone can mutually decide on divorce. so its a kind suggestion to file a petition on the court than necessary actions shall be followed by the court.




Nitesh Saraswat

ADVOCATE, Raj High court

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     09 December 2010

Yes Nitesh Ji, i am also agreed but neither she is coming back and putting unreasobnable demands for return nor she is ready to go to court.

She is just harrassing us and want her unreasonable demands to be met first.

What option is left with me.

If i file RCR she will ask for maintenance and can also file other cases.I really want her back but she is too adamant. She is working and has taken huge money in her first divorce. 

HARSH GUPTA (ADVOCATE)     09 December 2010

Dear jatin

No value of ur agreement outside the court. Go to the court after completing the 1 year and get the decree from the court of the divorce.

N.K.Assumi (Advocate)     09 December 2010

That one year waiting period to go through the rituals of legal divorce is just a bondage.

B.S. CHHABRA, (Advocate)     09 December 2010

There is a ruling of the Supreme Court of India that now time has come when the matrimonial bondages amongst Hindus also taking the shape of contract due to ambitions of the couples. All the more the out of court mutually  divorcing document on correct and proper stamp paper if executed by both is a civil  agreement which carries value. There is a fixed  period during which both the parties are free to challenge such agreement as having been got executed under undue influence. If that period passes then the agreement becomes unchallengeable and this plea can be raised before the court accordingly. There is also a provision to get declaratory decree about the ending of the marital relationship on the basis of the agreement referred above. The only key point will be to prove and establish before the court that the agreement of mutual divorce out side the court was voluntary and there was no undue influence, coersion, fraud etc. Though the litigating  for declaratory decree accordingly will be difficult but still it can be done if you get a skillfull Advocate.

Now, in your case you have used the word "separation" which is confusing. This means and you have hinted also that in fact you dont want to leave her. And as far ladies normally they do not like tobe seen as divorced lady because prestige fells down in the eye of the society as being a divorced lady going on the road. That fact is this also that sometime lady marries for marriage license sake and in fact either they are in the habit of remaining free lancer or to remain leading their own way of leading an egoistic or dictatorial type life that if the husband dances as the wife says then she will be with her otherwise she if on job damn cares about the husband. An old aged lady one time told me VAKEEL SAHAB A YOUNG WIFE CAN NOT LIVE WITHOUT HUSBAND FOR LONG TIME, IF SHE LIVES, SHE LIVES IN HER  OWN WAY, TO LIVE LIKE MARRIED LADY WITHOUT GOING TO HER HUSBAND, SPECIALLY WHEN SHE IS EARNING LADY. She also said SOME PERSON REMAINS BEHIND HER AND SHE SPEAKS HIS LANGUAGE AS GOT MEMORISED BY HIM TO HER. Another cause is sometime that the working ladies prefer their job in comparison to their husband. Another more cause some time is that the lady wants to compell the husband to live alone with her and no headacke of the other in-law relatives. One more reason sometime found is conjugal dissatisfaction of the lady which she does not disclose in words but by deeds of her. A normally developed like lady who is characterful can not remain away for long time from her potent juvenile amusing husband.This is a fact which remains between the husband and the wife and nobody else comes to know about it.  

You should explore the real point of dissatisfaction between you both. It seems that both of you do not want to spoil the marriage but some ego is working on the part of either your wife or you. Mind it that mutual divorce out side the court is not recognized for ladies to get govt. job. It is only the court decree which works. Feel free to get more guidance and help on      

1 Like

indianzindian (business)     10 December 2010

in the agreement the husband and wife has mentioned that there would be no objection to eachother if they remarry.all give and take things done fairly.and they have taken that they can lead independent life. but the boy signed  this document under pressure as there was threat from girl that u will be trapped in false cases.she has interest in speration for she got some good oppurtunity abroad where she needs to be single.

indianzindian (business)     10 December 2010

i also thanks everbody, for  all the advises being given above.

Anbudaiyan (deqeqeer)     09 February 2011

Dear Sirs,

What the hell with the boy gets married to a girl hiding her physical imperfection by their family and the girl? What the justice the law can give to the boy when he is not interested to live with the girl?

He can seek another girl or can die?


Ambika (NA)     11 February 2011

Chabbara Ji

I suppose it does not matter whether a lady is single or married or live separatlely or divorced as far as government jobs are concerned. Can you throw further light on that part of your reply where you have indicated that it would be difficult for a lady to get government job if she is not divorced? 


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