Seperation agreement legally binding document
Querist :
Anonymous
(Querist) 10 October 2011
This query is : Resolved
Dear sir/ Madam,
I had red the following,from the website
http://www.divorcelawyerindia.com/divorce-faq.php
Is the agreement for divorce or separation legally binding document in India?
No, except under certain conditions.
please explain me under what all conditions agreement for divorce or separation legally binding document in India.
Thank you
Ganapathy
Shonee Kapoor
(Expert) 10 October 2011
It is not a legally binding document.
It has to be seen from the facts of each case, whether the same can be enforced or not.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 10 October 2011
Any agreement for divorce is not maintainable in India.
Sailesh Kumar Shah
(Expert) 10 October 2011
I also agree that Any agreement for divorce is not maintainable in India.
prabhakar singh
(Expert) 10 October 2011
The answer given on site under heading FAQ on the site referred by you is dubious one.It does happens with FAQs often.
In india there are several enactments in which a marriage can validly be performed.
1]The Hindu Marriage Act,1955
2]The Special Marriage Act, 1954
3]THE INDIAN CHRISTIAN MARRIAGE ACT, 187
4] THE ANAND MARRIAGE ACT, 1909
5]THE ARYA MARRIAGE VALIDATION ACT, 1937 [ACT No. XIX of 1937] [14th April 1937]
There might be still more i might not be knowing them.
So your question, as you can see,can not be answered in a very general way.That is the reason it has been answered in a dubious way.
As a rule of thumb you can understand that a separation agreement between spouses may be held valid depending upon the terms incorporated and the law applicable to marriage of parties BUT IN NO CASE AN AGREEMENT OF DIVORCE CAN EFFECTIVELY AND LAWFULLY TAKE PLACE WITHOUT A DECREE OF DIVORCE PASSED BY A COURT.
Among Muslims a divorce can take place even by utterance thrice TALAQ TALAQ TALAQ if communicated personally or through lawful agency to wife by the husband but the same right is not available to wife,who in case wishes to divorce husband would need
a decree from a court.
Ravikant Soni
(Expert) 10 October 2011
Precisely, concisely and rightly answered by Prabhakar Sir.
