Notice from advocate
khajamoinuddin
(Querist) 15 January 2013
This query is : Resolved
1. My Brother had got a divorce by mutual concent but the documents are not notariesed. Is there any compulsion for notory of the aggrement by mutual consent.
2.In the aggrement it is mentioned clearly that neither of the party will have any claim for any thing from the date of divorce nor will they file any case against each other. But the second party is asking for claim i.e their remainings, which has been handed over to them earlier But now the party has send a notice for the above reasons. Should the notice be reply or not.
V R SHROFF
(Expert) 15 January 2013
WAS MCD thru Court??
Was CONSENT TERM part of a MCD DECREE??
IF YES, Reply the notice accordingly.
u must reply notice for ur own defence later on.
R.K Nanda
(Expert) 15 January 2013
reply notice by lawyer.
Raj Kumar Makkad
(Expert) 15 January 2013
Divorce obtained out of court has no legal sanctity and the relationship of husband and wife still legally exist between those so it is better to reply the notice and initiate further action of getting divorce decree from court.
khajamoinuddin
(Querist) 18 January 2013
Respected Sir, As the marriage was as per Muslim Shariyat and the wife had ask for divorce by a document namely KHULANAMA/DIVORCE which was done through a muslim clerk which was made in URDU & signed by both parties and in addition on a stamp paper of Rs. 100 a Deed of Divorcee/Khulanam was made which was signed by both the parties but was not notarised In the paper it is mentioned clearly that neither of the party will have any claim for any thing from the date of divorce nor will they file any case against each other. But the second party is asking for claim i.e their remainings, which has been handed over to them earlier But now the party has send a notice for the above reasons. Should the notice be reply or not.
Raj Kumar Makkad
(Expert) 18 January 2013
In the given circumstances also, it is better to reply the notice so that the entire position may be got cleared therein though the marriage has ended.
