Mutual separation agreement authenticity
Vpmatch
(Querist) 12 June 2013
This query is : Resolved
My Parents are mutually separated and wants to start divorce proceedings. They did an agreement inbetween themselves last year on a plain paper with two witnesses.My father is living separately after the agreement as the house belonged to my mother. Is the mutual separation agreement valid and can it be presented in court.
Devajyoti Barman
(Expert) 12 June 2013
What does this agreement contain?
It can neither settle their marital status nor disposition of respective or joint properties.
Vpmatch
(Querist) 12 June 2013
Sir,Let me make the question more discreet:-
1)Is this agreement Valid..? I meant as per "Contract act" is it a valid document.
2) This agreement basically is a declaration that we will live separately and if we are not able to sort out the issues, we will go for divorce.
3) Can this agreement be taken as a precursor to Divorce. Divorce needs couples to live separately for six months before filing for it.
ajay sethi
(Expert) 12 June 2013
your parents can file for divorce by mutual consent if they have stayed separately for one year . you cant force either of your parents to act as per the agreement .
Rajendra K Goyal
(Expert) 12 June 2013
Agreement is not a divorce, Mutual Consent Divorce petition may be filed.
Vpmatch
(Querist) 12 June 2013
Sir, My question still remains:---
Is this agreement Valid as per Indian Contract Act....
Anirudh
(Expert) 13 June 2013
NO THAT AGREEMENT IS NOT AT ALL VALID. YOU HAVE NOT PROPERLY UNDERSTOOD THE ANSWER OF MR. AJAY SETHI WHO SAID THAT "you cant force either of your parents to act as per the agreement." If one cannot force anybody on the basis of the greement - dont you think that the said agreement is not even worth the paper on which it is written?
