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Dsingh (Tech Sr)     17 March 2010

Separation Agreement

I live in Canada and have been living separately from my wife since last 1year, the marriage was more for the  Visa. Anyways, now we need to file a mutual divorce petition and have been suggested that it should be filed in her home town but i want it to be filed in my home town. Also, I want the separation agreement to be signed by them before I signed any of the documents.

Can some one please tell me the procedure for the seperation agreement to be registered in the court? I mean what stamp duty is to be paid and how can i sign the documents from Canada and what is the process of registering the document In India.

Thanks



Learning

 6 Replies

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     17 March 2010

You need not register the separation agreement.

Both of can enter into a separation agreement in a stamp paper of value Rs.100- and then you can file mutual petition by incorporating the contents of separation agreement in the mutaul petition. It is suffice.

Else you can show the separation agreement as an annexure or a document in the mutual petition.

If both of you reside in canada, you can enter into agreement in canade itself.

If you want to file mutaul petition in India, then both of you have to come down to india.

Dsingh (Tech Sr)     17 March 2010

Thank you so much for the prompt reply,

The girl live in India and therefore I need to file petition in India. In your opinion is there a way for me to get a divorce in Canada, if the girl is in India.

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     17 March 2010

As the last matrimonial home (last residence of couple) is in canada, divorce can be filed in canada. It is optional. The girl should be avialble before the court in canada.

As she is in India now, you can file petition for divorce by mutual consent  in india. But to present the petition you must come to india. 

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     17 March 2010

I do agree with my Ld. Friend.

Dsingh (Tech Sr)     17 March 2010

thanks

Dsingh (Tech Sr)     19 March 2010

Thank you Harsh for your kind offer, as on now there are some complication and need to be sorted out before we can proceed further. As on now, I am not yet able to get seperation aggrement signed. I need that to move ahead in my life and kind of stuck because of that.


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