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dns   24 February 2017

Joint affidavit instead of divorce

My sister has been married for 3 years now. her husband is in jail from begining , we decided to break the relationship and agreed to go for seperation.

 affidavit/stamp which states that we are both seperating from each other and our marriage will be void and girl can marry to other person. is this sufficient to have it as today boy and his family agreed but today if they file a case , we can use this as a proof.

I know that MCD is best option but in the interest of time and save another 6 months , we are planning to go for just affidavit.

Please advise on this.



Learning

 2 Replies

Sachin (N.A)     24 February 2017

No, don't make this big mistake. This type of settlement deed /  agreements are not vaild, as he is cooperating, file MCD as earliest as possible.

stanley (Freedom)     24 February 2017

Only the court has the authority to give a Divorce either in the form of MCD or in a contested Divorce case . Rest what so ever you do is not valid and you can be in deep trouble where in cases like IPC 497 , IPC 494 etc can be filed .Hence better to follow a valid court proceedure 


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