Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

pradip (dpo)     12 January 2010

Divorce outside court

My Self and my wife registered divorce by mutual concent in 2003. whether this registration is valid or not. if not valid then why the Govt registered this document and accepts the necessry fees. If i am getting second marriage whether this is valid or not.

 



Learning

 6 Replies

V.Senguttuvan (Advocate / Mediator & Concilator)     12 January 2010

 Based on this registered document you can not marry. Necessarily you have to apply before competent court to get divorce. During that process you can use this document as an evidence to show the consent by both the parties.

Sukhija (Advocate)     13 January 2010

I agree with above views

Hardik Mehta (Family Counsellor)     13 January 2010

Pradip,

Sometimes, in some of the communities, this type of the divorce happens and is valid. This is known as custommary divorce. If that divorce is taken on the stamp paper in front of the marriage registrar or in Lok Adalat, then this divorce is valid.

 

If you can give the further details on how this divorce has taken and the place, then it would be useful.

pradip (dpo)     13 January 2010

Dear Sir,

We have mutually agreed and submit the agreement in marriage subregistrar office. both of us and her parents are avilble and signed as witness. It was done in 2003. after 2005 govt. given directions to state Govt for not to registra such type of documents. Now my problem is that I have registed before 2005. Whether it is necessry to go in court. Now she may demand maintanace because she left the job after divorce.

Hardik Mehta (Family Counsellor)     14 January 2010

Pradip,

U/s 29 of HMA this was valid, which has been repealed. So your divorce is valid since this was taken at marriage sub registrars office. Are there any conditions that she will not ask for maintenance or file any cases in future? If yes, then she cannot file for the maintenance. Dont worry, if she has left the job on her own will after the divorce, then this would be difficult for her to get the maintenance.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register