Divorce agreement
Abu salman
(Querist) 06 March 2013
This query is : Resolved
Husband and wife are Muslims.
wife is continuously asking for divorce.
So, husband is about to do talaaq his wife.
While doing talaaq, will the following agreement between husband and wive's father on a stamp paper of Rs 100 be legal? (Please note that the agreement is not with husband and wife. It is with husband and wive's father.)
"There will not be any legal claim from husband or wife in the future for restitution of matrimonial rights against the other"
If this agreement is done, can wife claim in the future for any type of restitution of matrimonial rights against the husband?
(Please note that the agreement is not with husband and wife. It is with husband and wive's father.)
Devajyoti Barman
(Expert) 06 March 2013
Such agreement executed between the parents of the parties has no legal force.
arunprakaash.m.
(Expert) 06 March 2013
Triple talaq pronounce by the husband is valid.
Agreement between husband and father of the wife is against publice policy under section 23 of the contracts Act, 1872 and it is not valid in law.
After divorce wife is entitled to get alimony from the husband to maintain herself and it is not restricted to the period of iddat
Raj Kumar Makkad
(Expert) 06 March 2013
After pronouncement of the divorce, there is no scope for the restitution of conjugal rights so even if the agreement is shown light of the sun, even then there is no such applicability in the given facts.
Raj Kumar Makkad
(Expert) 06 March 2013
If both parties are ready for divorce then better to avail Mutual Divorce petition so as to end all future complications.
