Contest divorce case after agreement of mutual divorce on stamp paper
Law Querier
(Querist) 08 May 2013
This query is : Resolved
There is a divorce case applied by wife (in Canada) through POA holder(wife’s father) against husband u/s.13(1)(ia) (Harassment) in family court. Husband is contesting divorce case because he doesn’t want divorce. During the divorce case, Husband made fake facebook account of his wife without her permission. Wife’s father has applied complain in Cyber Crime Branch for fake facebook account of his daughter. Cyber crime branch has not made FIR against husband because wife’s father and police department has put a condition to husband that if husband ready for mutual divorce then they will not make complain against husband for cyber crime and will take the complain back.
My question is, if wife’s father gets permission of mutual divorce from Husband by made agreement on Stamp paper then it is final concern of divorce? Court can permitted divorce in concern of permission on stamp agreement. Can husband contest the divorce case although he had made stamp agreement of mutual divorce in future?
Nadeem Qureshi
(Expert) 08 May 2013
within cooling period consent can be withdrawn by parties or anyone of the party
Devajyoti Barman
(Expert) 08 May 2013
No such agreement on stamp paper is permissible for divorce in India.
Whether it is acceptable I Canada or not, you have to talk to Lawyers of Canada then.
Kamal Grover
(Expert) 08 May 2013
First of all, canada divorce is not valid in India.
Secondly, no such paper is valid in India.
But if you want to settle this issue then contact personally or mail at adv.kamal.grover@gmail.com.
Coz it is difficult situation and cannot be explained without going through your papers.
ajay sethi
(Expert) 08 May 2013
divorce would not be valid . for divorce order has to be passed by court . mere stamp paper divorce has no validity
V R SHROFF
(Expert) 10 May 2013
Divorce through Court only is Valid. Stamp Papers Agreements are useless.
Foreign Divorce Validity depends upon the grounds of Divorce, fulfilling Sec 13 of CPC,
If same ground not available in India, and fraud was committed to obtain Divorce, it is not valid in India, though Valid in foreign Country.
