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ASHOK (trainer)     10 August 2012

Nullity agreement through notary

My void wife and her brothers are approaching me through powerful social mediators( using even my relatives to their favour) to end the relationship and what I guess they would go for ending the relationship / divorce or nullity through notarised stamp paper agreement again ( as being usual practice).

Those social mediators are in the regular customary habit of effecting mutual consent divorces of the two dissenting parties through mediation and affirming, proclaiming and endorsing it with the community panchayat decisions and then getting it notarized. If I resist and say to them MCD/nullity cannot be done on stamp paper, they scoff and mock at me for my ignorance and little knowledge about the powers of community Panchayat and they are so habitual in rendering the customary divorce patterns of the parties they handle and say it is all legal on their part. It is really very common practice on their part in the community to get divorces through panchayat which they hold as good as legal system, endorse them , give witnesses, and then go for notarisation.

I prefer filing petition under sec11 in the Court which mediators unitedly l discourage and say that the court proceedings will take a long time and will attract counter cases/litigations from both ends to further complicate and entangle the whole issue such as DVA etc.

I will appreciate if you suggest me on  how to handle them legally and procure a declaration/decree of nullity as I will be alone before those social mediators who are inducted by my void- in-laws and would support them under influence and their mutual interests.

Should I enter such ending of relationship through notary and file the same later as a supporting evidence /proof in Court u/s sec11 for getting nullity ( I will seek their commitment and ask them to mention their status of her earlier marriage as divorced/separated/broken relationship) .

But in notary agreement it is usually committed by both parties that neither party would bring the matter to court for litigation after entering into this kind of agreement thereafter. Pl advise.



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     10 August 2012

Court decree or judgement only valid in the eyes of law.

rajiv_lodha (zz)     10 August 2012

Obtaining such a Nullity Cerificate throu Panchayat n then Notorizing it won't help u out. This is not enough to break the marriage in the eyes of law.

U have to place a petition before family court for obtaining nullity.

rajiv


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