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jatyamla (Sr Executive)     05 July 2011

Seperation agrrement not signed in front of judge

Dear Sir,

My daughter has married 2nd time in Mandir and registered there. After marriage she came to know that her husband is impotent and regular drinker and not earning also. She was harrased by court procedure in getting divorce in her 1st marriage also her second husband is very abusive and may talk rubbish in front of judge, which may complicate things further. My daughter wants to enter in the agrrement of seperation with her 2 nd husband on stamp paper of Rs 100/- duely attested by notary in front of witnesses that:

1. The parties shall live separately and apart from each other and no party shall have any right, authority over the other or shall institute any legal proceeding for restitution of conjugal rights or otherwise

2. The husband shall during the life time of the wife pay to her a sum of Rs.Nil........... p.m. for her maintenance. However, if the wife does not lead a chaste life, the husband shall be entitled to The wife shall pay for and discharge all liabilities or debts incurred by her after the date of these presents, whether for maintenance, support or otherwise and the husband shall not be liable for the same. The wife indemnify and keep indemnified the husband against all claimsactions and demands on that account

2. The husband will return all the stridhan and pay for the expenses on the marriage by wife's family. The wife wii return all her wearing apparel, jewelry and other personal effects, etc. belonging to her given by husband or his family till the signing of agreement and shall not claim anything after the signing of agreement.

3. This agreement shall be revoked by the death of either the husband or wife.

4.  This agreement shall be executed in duplicate. The original shall be retained by the husband and duplicate by the wife.



 2 Replies

Tajobsindia (Senior Partner )     05 July 2011

@ Author

Such agreement are done for jokes and does not have any validity before eyes of Law uncless customary practised / prevailing in parties customs which we have reservations about as per briefs.
2. Option is to go before Court as per Jurisdiction and seek Mutual Consent Divorce based on executed between parties stated agreement / compromise deed and post appeal period of said MCD Decree then plan for her third marriage but with all due deligences this time.

Harish K. Chandak (Advocate)     06 July 2011

there is no oprion left without going for court of law.. hire any good lawyer & take opinion.... good luck

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