Ikrarnama for mutual divorce signed & not honoured by my hussband
Brij Mohan Oberai
(Querist) 25 November 2013
This query is : Resolved
On 6.2.2013 my daughter signed an ikrarname for mutual divorce with her husband in Faridabad District Court.
Her husband not ready to accept the same.
She filed petitions u/s 9 and 125 Cr P.C
Her husband agreed to take my daughter back to her matrimonial home after a week.
Please confirm whether the said ikrarname signed earlier stands active or null and void.
Thanks & regards
BM Oberai
V R SHROFF
(Expert) 25 November 2013
seems to get away from paying mtn ....
Rajendra K Goyal
(Expert) 26 November 2013
Ikrarnama is agreement.
Ikrarnama is piece of paper till it is acted upon and the Mutual consent Divorce petition is finalized in the court. The husband is not ready to accept the previous agreement, is his present move with clear intention or a trick to get cases withdrawn which are filed by your daughter.
T. Kalaiselvan, Advocate
(Expert) 26 November 2013
The agreement if not signed by both the sides, it is null and void and cannot be enforced. If the husband promises to take care of her well in the future, on a trial basis with a cooling off period of at least 3 months, they be permitted to be together by which if things are normal, she can withdraw all her complaints against him, if the result is negative, she may resort to her original plans.
prabhakar singh
(Expert) 26 November 2013
Legally no party to a marriage can privately
agree for divorce as it is right of a court having jurisdiction which can decree divorce even in cases agreed by parties.