girish (selfemployed) 26 September 2014

Mutual divorce

hi to all.

respected legal professionals and learned people here,

need one urgent advice ?

i wud like to tell my matter in a nutshell as i know no one likes to read long long pages.

i got married as per hndu marraige ceremony had 7- pheras with my wife as arranged marriage in front of mine and her family in india. now due to personal differences she wants a divorce on mutual consent basis but out of the court only on a stamp paper which she said will be notarised and then she will also submitt the same for mutual consent at the court. but the deed she sent me is just seperation deed and not a mcd petition form.

now she says she will no go to court and forcing me to take divorce outside the court mutually just merely on a seperation deed. i tried to explain her that we can get mutual divorce thru cort only. gainst which she says that we have not registered our marriage so need to go to divorce in the courts??

pls. advise me urgently??

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2 Replies

Ashok, Advocate (Lawyer at Delhi) 27 September 2014

In such a case, divorce is possible only through the court, even if it be by mutual consent. In fact, Section 13-B of the Hindu Marriage Act, 1955, specifically lays down how divorce can be obtained through mutual consent. But, it is also through the court only.

A divorce obtained without taking recourse to the court (i.e., outside the court) would not be valid under law even if it be on stamp paper or notarized.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 27 September 2014

Dear Querist

As per my opinion on your query, first of all try to informed her that send the format of Deed over the mail or through Registered Post and after receiving the same signed it and return back to her through registered post or over the mail.

in future she can not file any false cases against you before the court of law as dowry demand case, domestic violence case or maintenance case.

you will be safe from this documents. you know very well that without court decree the marriage can not be dissolve and the divorce on stamp paper is not a valid divorce. if she got married again then you may file a criminal case u/s 494 of IPC for the offence of bigamy.

Feel free to call