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Dharm   02 November 2022

Divorce within 6 months of marriage for hindu marriage.on 300 stamp paper

Divorce within 6 months of marriage for Hindu marriage.

My wife asked to divorce on 300 stamp by mutual consent in india ?

I want to sign it for her satisfaction for now but don't want to divorce her. 

What if I signed now on 300 stamp ? Can it will be presented as proof in court while filling petition by mutual consent ? Is it mandatory for me to sign mutual consent petition while filling in court ?

I don't want to divorce her but I want to sign mutual divorce  agreement on 300 stamp for her satisfaction. 



Learning

 11 Replies

Dr J C Vashista (Advocate)     03 November 2022

No such divorce is valid in law.

Dharm   03 November 2022

Ok sir .

Can this agreement be used as evidence in the court in future ?

What if I do not follow this agreement? I.e. any penalty or punishment for violation of this divorce agreement?

Advocate Bhartesh goyal (advocate)     03 November 2022

Such agreement has no value in eye of law and simply it will be a waste paper..

Alpa Jogi (Advocate) (Lawyer / Advocate)     03 November 2022

Divorce agreement on stamp paper is not valid in eyes of law. Divorce can only be obtained from the Court.

Certain excpetions are there. Since you have mentioned 300 Rs stamp paper, it is assumed that you are from Gujarat. Certain Gujarat High court Judgements support customary divorce if you belong to particular section.

 

You can contact me for detailed discussion, if you are from Gujarat.

 

Regards

Alpa Jogi (Advocate)

www.firmadvocate.com

amudhan (advocate)     03 November 2022

one year period of seperation Or destitution is must...
or one year period after marriage only she can file divorce petition.. she can use this as evidence for seperation since the affidavit for proof..

mintu antony   04 November 2022

Whether it be mutual or not, a divorce decree can only be pronounced by the competent court in India.

R.K Nanda (Advocate)     08 November 2022

such agreement is illegal and invalid .divorce can only be granted by court.

1 Like

Dr J C Vashista (Advocate)     17 January 2023

Originally posted by : R.K Nanda

Such agreement is illegal and invalid .divorce can only be granted by court.

I fully agree with senior expert Sh R K Nanda ji.

 

1 Like

Sudhir Kumar, Advocate (Advocate)     19 January 2023

it is not divorce in the eye of law.

P. Venu (Advocate)     19 January 2023

The arrangement could be valid if such a recgnised custom is prevalent in the community as a matter of right.  Please see Section 3(2) of the Hindu Marriage Act

"29. Savings.

(1) --------------------------------

 (2) Nothing contained in this Act shall be deemed to affect any right recognised by custom or conferred by any special enactment to obtain the dissolution of a Hindu marriage, whether solemnized before or after the commencement of this Act.

-----------------------------------------------------------------------------------"

It is a question of facgt whether such a recognised  custom is in force in the community.

 

Sudhir Kumar, Advocate (Advocate)     29 January 2023

please clarify the custormary rights if any.


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