bail498 (Junior Advocate) 22 April 2012
Dear All,
498a,DV,Crpc 125 is running in the court.Meanwhile my wife aggreed and signed on the plane divorce paper prepared by our social mediator.In that it is mentioned that she would wind up all the cases.Mediators are from our side & her side.They have also signed on the divorce paper.Now,she is not winding up the cases in the court.What should be done?Is divorce signed by both the parties in the presence of mediators is valid?
Adv Archana Deshmukh (Practicing Advocate) 22 April 2012
Its not valid divorce. Divorce is valid when a divorce decree is obtained from the court.
Advocate Bhartesh goyal (advocate) 22 April 2012
No, divorce is always granted by court unless custom allows so divorce papers signed by both of you in presence of mediators has no legality and hence not valid papers in eye of law. Both of you should have filed the divorce petition on ground of mutual consent.
adv. rajeev ( rajoo ) (practicing advocate) 22 April 2012
I agree with Adv.ARchana. File a divorce case and get refer it to the mediator, In the mediation all the cases can be solved.
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