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sheetal (md)     09 January 2010

Divorce Procedure

Mutual Divorce on legal stamp papers with Notory is valid?



Learning

 7 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     09 January 2010

 NO,YOU SHOULD GET A DIVORCE DECREE FROM THE FAMILY COURT ONLY. NO SUCH ARRANGEMENTS ARE ENTERTAINED IN INDIAN LAW.

Shamsheer Pal Singh Dhillon (law associate)     09 January 2010

you can get mutaual divorce but there has to be a custom that has been followed like this by the couple. Then it will have a legal validity and if that challenged by any of the parties in future it can be proved. But the best way is get it declared by the court.

Take Care

 

kranthi kiran (Works In Judicial Department)     09 January 2010

Yes, it is invalid. Follow the guidance of learned senior and obtain  divorce by mutual consent from the Court

Adv Archana Deshmukh (Practicing Advocate)     09 January 2010

It is not valid. Such a divorce can be easily challanged in the court of law. Divorce can be legally obtained only through the court.

ranvir (prop.)     11 January 2010

wife made a FIR against all family members of her husband. It amounts to cruelty within the meaning of hindu marriage act, sec. 13 for divorce ?

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     12 January 2010

mr ranvir - if it is false and proved at court- then go ahead.- It amounts to cruelty within the meaning of hindu marriage act, sec. 13 for divorce . even if the final result not yet got, then also file petition u/s 13 HMA, challenging the facts. civil and criminal both the case will move simulteniously.

make a seperate thread with the same question - you will get more reply.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     12 January 2010

Mr. Sheetal,

Mutual Divorce on legal stamp papers with Notory is invalid. sec 13 b of the hindu marriage act is there for this purpose, which runs thus :

13B. Divorce by mutual consent.

(1)Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976, (68 of 1976.) on the ground that

they have been living separately for a period of one year or more,

that they have not been able to live together and

that they have mutually agreed that the marriage should be dissolved.

(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that

a marriage has been solemnized and

that the averments in the petition are true,

pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree

 


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