Divorce when parties not approach to court
Kumar Krishan Agarwal Advocate
(Querist) 18 December 2009
This query is : Resolved
That a girl and boy have made agreement and signed on the stamp paper made for the divorce and breaking of her marriage. After so many years the boy married to an another girl. Now the divorce girl want to marry but afraid that something will happen to us if the agreement will not converted into legal paper of court stamped.
How that ordinary stamp paper will be converted into legal divorce paper or the girl will marry to the new boy without any harm in future.
Devajyoti Barman
(Expert) 18 December 2009
A mere private agreement between the parties can not waive the mandate of law, so far the divorce is concerned. To escape from the clutches of law if the parties marry again they will have to obtain divorce,preferably mutual, from the competent court of law first.That agreement can not be converted into a 'legal divorce paper'.
adv. rajeev ( rajoo )
(Expert) 19 December 2009
only civil courts have got power to divorce, mere execution of divorce agreement is not valid document.
Arvind Singh Chauhan
(Expert) 19 December 2009
Fresh suit for divorce, must be filed to fill up the legal lacuna.
Sachin Bhatia
(Expert) 19 December 2009
An agreement can not be converted into a 'legal divorce paper'. Only court has power to pass a divorce decree.
Ashok Yadav
(Expert) 19 December 2009
There is no divorce agreement type any agreement according to law. If the parties r Hindu and legally married they can get divorce only through the court of law. Without getting a decree of divorce from the competent court they r married to each other and cant get remarry with any one else. So firstly go to the court for divorce and then go for marriage.
