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Lord Ganesha (service)     24 March 2013

Is it a legal divorce recognised by the high court ???

Dear Experts

         My wife had filed the three cases under sec. 125 Cr pc for maintainance , 498 (A)  for demand of dowry and 406, 504 etc of IPC . I managed stay order from the Allahabad High Court in the two cases in which Non bailable warants were issued and the High Court referred the cases to the Mediation Centre.

The mediation was failed .

Now , we reached the out of court settlement for a certain amount of money as one time settlement for all past , present and future liabilities.

Now , my lawyer at Allahabad called both the parties and got signed an "agreement " / "Talaknama" ( divorce deed ) on five Rs. 10/-  stamp papers and told us that a listing application will be moved to the Allahabad High Court and on the appointed date both of us , husband and wife , will have to appear before the High Court Judge where both of us will have to cofirm the signing of the agreement and the Demand Draft of the settlement money will be submitted to the judge and the judge will hand over this draft to my wife ordering and quasing all the cases on the basis of this agreement / divorce deed.

My question is -  this is a valid divorce recognised by the High Court. ???? 

Thanking you in advance


 6 Replies

Sanjeev (Lawyer)     24 March 2013

this is not a divorce but a agreement to get the criminal cases quashed. you would need to seek a formal divorce by mutual consent from the local court.

Gaurav (Agent)     24 March 2013



Normal divorce takes minimum 6 months... she is making fool of you.. act smart and take divorce as advised by Mr. Sanjeev...

I am having a fear that nw she will ask more money against divorce :(


Please take care.


Kamal Grover (Advocate High Court Chandigarh M:09814110005     01 April 2013

Mr Lord ganesha,

Your lawyer making your fool.

Better to first file divorce and then on second date of hearing handover the amount else, everything you will still married.

Gud luck.,

1 Like

Gopal Arora (Engineer)     01 April 2013

@Lord Ganesha

Read on LCI and understand the process of Mutual consent divorce.

Don't pay more than 25% on first motion of mutual consent divorce. Pay 75% on second motion and final motion.

Manish Udar (www.Mehnat.IN)     02 April 2013

This is not a divorce.

Sudhir Kumar, Advocate (Advocate)     06 April 2013

marraiage is a bundle of cvil rights agaisnt each other and you anadon such rights by a copmpromise.  It is not a divorce but non party will ensure marital rights against each other.  Practically it is a walkout.

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