LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Arunan (Project Manager)     27 December 2013

Divorce outside court

My friend got married in year 2012 OCT. After 6 months of married life , on APR 2013 his wife went to her parents place after complaining that her husband is impotent. Till now no one contacted my friend and my friend also never contacted them. My friends relative suggest that we can speak to them and get a statement signed by both my friend and his wife in stamp paper in front of advocate stating that mutually they are separating. This itself will be a divorce and we need not apply for divorce because the marriage is not registered. 

My doubt is that thier marriage is a arranged marriage done as per hindu rituals. Is the divorce process is so easy like the one suggested by his relative. I strongly feel that we need to apply for a divorce to avoid any future confusions.

Correct me if i am wrong



Learning

 5 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     27 December 2013

For divorce you have approach court.

S.QAISAR ALI ADV. (Advocate)     27 December 2013

If there is divorce is necessary,the best option of having divorce is the competent COURT.

S.QAISAR ALI ADV. (Advocate)     27 December 2013

If there, divorce is necessary,the best option of having divorce is the competent COURT.

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     27 December 2013

Dear,

Best way is divorce via Mutual Consent, both should approach a competent court and file a petition. It will be done within 6 months only.

Advovate Kapil Chandna

9911218741

T. Kalaiselvan, Advocate (Advocate)     27 December 2013

@ Arunan;

 You should understand one thing first that their marriage was arranged by elders and solemnized before a mass gathering and the same has been witnessed by all those gathered there to bless and wish the couple.  This is a proof of the marriage between both and it cannot be denied that since the same was not registered it cannot be treated as a valid marriage. This is a wrong information and sheer misguidance besides ignorance of law. Therefore as per law there marriage exists and it can be dissolved only by a course of law and not by any other means.  The other means of divorce other than through court of law will render it as invalid.  Please caution you friend to not to venture into such fancy ideas of getting separated legally through an agreement reduced to writing on a stamp paper duly notarized will suffice his requirement, this will not confer the title desired or solve the problems that may arise in the future in so many forms.  the girl's side has given a proposal for  a mutual consent divorce, why dont you utilize the opportunity and become free from all the related legal hassles that may arise in the future.  You may advise your friend accordingly.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register