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rudra   03 March 2019

Agreement on non-judicial stamp paper in divorce case

Hi Professionals, My cousin is divorced his wife. The OP case (alimony case) and divorce on mutual consent case has been filed. The woman side has seeked the support of local minister and also forced the man's relatives to sign a non-judicial stamp stating that man has to give Rs.25 lakhs as allimony. Lawyer has filled the allimony case for Rs. 18 lakhs only, that case was recently closed. The Divorce is about to close in a week. The woman side people hasn't returned the gold ornaments to the man. As they are getting the divorce papers in a week, can the man deny to pay the rest of 7 lakhs? The content of the Agreement states that 'Rs. 18 lakhs was received by the woman and rest will be paid after receiving the divorce papers'. Since the Alimony case has already been closed with 18lakhs, what is the legal validity for the Non-judicial Agreement with stamp of Rs.100, that was signed?



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 10 Replies

Suhail suhail (LAWYER)     03 March 2019

Agreements on normal papers (and not stamp paper) are valid in evidence and are enforceable as against the parties who have signed the same. They can can be used as evidence and proof in a cour.

 

rudra   03 March 2019

Thanks for your reply. The agreement was made on the Non-judicial Rs.100 stamp paper. But my question here is, since Alimony case is closed with amount of Rs. 18 lakhs, what is the legal impact if they approach the court? 

Suhail suhail (LAWYER)     03 March 2019

During the trail in court had ther been any mention about the agreement @ 25 Lacs/

However the court judgment shall be binding if the order is contested by bothe parties, and if the order is passed after the agreement and they failed to mention about the agreement in their petition or during the taril that will go in your favour.

 

rudra   03 March 2019

Thanks for you reply sir. The judgement is passed after the agreement and there is no mention about the 25 lakhs or the agreement in the petition. Only 18 lakhs was mentioned in the petition as its the amount paid by the party before the trail and the receipt was taken for that. 

here I wanted to check the legal stanza if the other party approaches court as the Non-judicial agreement has a mention of 25 lakhs on it and it stated that 'remaining 7 lakhs will be paid after the divorce'.  kindly suggest. thanks. 

Suhail suhail (LAWYER)     03 March 2019

If there is no mention of agreement in the petion of divorce and parties settle on amount of 18 lacs , as is earlier said that could favour you, but as per the track record of the other side they will certainly claim the balance amount, they can haress you too for that. It would had been appropaite for you to mention in th court that it would full and final settlement and all the previous commitments or agreemnts shall be decleared as in effective and void. You wife will certainly claim but you can agitate the pint of court order.

 

rudra   03 March 2019

okay. thanks for your advise. Much helpful. I will suggest the same to the cousin. I will additionally ask him to file a complaint in the near by police station as they are haressing after the judement. Political influences / pressure will keep changing based on the elections! 

Suhail suhail (LAWYER)     03 March 2019

Certainly if your friend is harresed he should file complaint as he is already divorced now.

TANG DADA   03 March 2019

Agreement to pay Rs.25 lakh on non-judicial stamp paper will not affect on Decree of court.It is illega in the eye of law... let judgement first passed then matter will b easy for you to make complaint before the court below where your mutually divorce petition has been decided...

TANG DADA   03 March 2019

Agreement to pay Rs.25 lakh on non-judicial stamp paper will not affect on Decree of court.It is illegal in the eye of law... let judgement first passed then matter will b easy for you to make complaint before the court below where your mutually divorce petition has been decided...

Shashi Dhara   03 March 2019

Take decree copy and abscond.let they file ex .p for recovery.then engage advocate.he will handle the case.give work to court advocate.

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