Husband and wife were living in rural area. Husband and Wife married and registered their marriage. After some years, they mutually agreed for divorce. Advocates in rural area made an affidavit on Rs.500 stamp paper about agreement of both to separate mutually each other. They had not appeared for MCD and not having a decree of divorce from court.
My question is, 1) is this type of agreement is applicable in law? Is it legal or illegal? 2) Can Husband/Wife marry again on this agreement? If they marry then he/she can put in trouble? Is it legal or illegal?
That it is not legal is very evident. But as long as parties to agreement want to be bound by it no harm. There are men and women who without obtaining divorce left their spouses and married again and living happily. There is no legal action from the divorced husband or wife. That is to say, as long as the divorced husband or divorced wife do not initiate legal action it serves the purpose. People in rural India would be convinced by lawyers if you violate this agreement there will be legal action against you. They believe the words of those lawyers and remain bound by it. That way they don't harm each other by initiating legal proceedings against each other. So the question is about whether it harms or not.
A couple having agreed to divorce written down the terms of agreement of divorce on a stamp paper of which Village Mukhiya is a party. Both the husband and wife agree that if they initiate legal action against each other, the party winning the case would pay Rs.10 lacs to village mukhiya and the party losing the case would pay Rs.5.00 lacs to Village mukhiya. Is that valid? The idea is to prevent legal action by each other but at the same time not violate the law of contracts which put a bar on any agreement that prevents citizens to invoke their legal rights. Here we are not preventing anyone from invoking legal rights.