Mutual Divorce on legal stamp papers with Notory is valid?
sheetal (md) 09 January 2010
Mutual Divorce on legal stamp papers with Notory is valid?
PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 09 January 2010
NO,YOU SHOULD GET A DIVORCE DECREE FROM THE FAMILY COURT ONLY. NO SUCH ARRANGEMENTS ARE ENTERTAINED IN INDIAN LAW.
Shamsheer Pal Singh Dhillon (law associate) 09 January 2010
you can get mutaual divorce but there has to be a custom that has been followed like this by the couple. Then it will have a legal validity and if that challenged by any of the parties in future it can be proved. But the best way is get it declared by the court.
Take Care
kranthi kiran (Works In Judicial Department) 09 January 2010
Yes, it is invalid. Follow the guidance of learned senior and obtain divorce by mutual consent from the Court
Adv Archana Deshmukh (Practicing Advocate) 09 January 2010
ranvir (prop.) 11 January 2010
wife made a FIR against all family members of her husband. It amounts to cruelty within the meaning of hindu marriage act, sec. 13 for divorce ?
Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429) 12 January 2010
mr ranvir - if it is false and proved at court- then go ahead.- It amounts to cruelty within the meaning of hindu marriage act, sec. 13 for divorce . even if the final result not yet got, then also file petition u/s 13 HMA, challenging the facts. civil and criminal both the case will move simulteniously.
make a seperate thread with the same question - you will get more reply.
Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429) 12 January 2010
Mr. Sheetal,
Mutual Divorce on legal stamp papers with Notory is invalid. sec 13 b of the hindu marriage act is there for this purpose, which runs thus :
13B. Divorce by mutual consent.
(1)Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976, (68 of 1976.) on the ground that
they have been living separately for a period of one year or more,
that they have not been able to live together and
that they have mutually agreed that the marriage should be dissolved.
(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that
a marriage has been solemnized and
that the averments in the petition are true,
pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree
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