Mutual agreement for separation

Querist : Anonymous (Querist) 07 September 2011 This query is : Resolved
Wife is suffering schizophrenia disease since 2005 and at the time of marriage in-laws family members suppressed the same and took marriage of their daughter and after nine months of marriage wife's in-laws came to know when she showed her disorder behavior and on query, thereafter she is living with her parents but her in-laws do not agree to accept her and so also her husband. But in intervening of relatives of both sides for settlements, her parents agreed for mutual separation by writing only on stamp papers. They don't agree for mutual judicial separation on the ground that they have no hope on her daughter whether she agree for mutual divorce before the Judge at the time of conciliation due her disease. I want to know whether simply writing a mutual agreement for separation on the stamp paper is acceptable in law or not? Her parents are also not agree for notarization of such mutual agreement for separation due her daughter's disease. They are only agreed to sign in presence of the witnesses who were present at the time of family conciliation. Please guide me........... AMAR

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Kiran Kumar (Expert) 07 September 2011
Schizophrenia itself is covered under the expression mental disorder...a ground for divorce under Hindu Marriage Act, 1955.

a mere writing of a document at home will not legalise the divorce or separation, you will have to seek divorce.

it the other party is not agreeing to divorce by mutual consent then you have sufficient ground to file divorce application under other provisions....provided you are able to prove her mental disorder and the suppression of the same at the time of marriage.

adv. rajeev ( rajoo ) (Expert) 07 September 2011
except civil courts no body has got to grant divorce and it is not a good move signing before the notary on stamp paper.
The best way is to file a divorce petition, if your wife want to remain absent or ex-party let her exparte, you will get divorce, be remember it even after divorce your wife can claim maintenance. If you want to settle it also then let her appear before the court and file compromise petition and get decree.

Advocate Bhartesh goyal (Expert) 07 September 2011
I do agree with experts.

Guest (Expert) 07 September 2011
No legal value of divorce written merely on a stamp paper and having no approval of a competent court.

prabhakar singh (Expert) 07 September 2011
A marriage is performed by act of parties but a divorce can take place only by a decree passed by a family court bestowed upon whom is this jurisdiction by law.

prabhakar singh (Expert) 07 September 2011
Any agreement arrived at out side court can not become basis of divorce and no subsequent sanction can the court give it.

Guest (Expert) 07 September 2011
Wife will ever remain the legal hier of the husband, if there is no judicial separation.

prabhakar singh (Expert) 07 September 2011
A marriage tie can not come to end simply because of a decree of judicial separation unless finally a decree of divorce is passed on basis of a petition brought before for the divorce.