Mutual separation

No agreement is valid for divorce. go before court. court only authority to give divorce.

Divorce on the basis of notarised deed / Panchayat agreement is not valid in eyes of Law and if customs and usage by way of evidence can be adduced then the customary divorce is definitely valid in case there is a appeal from it which means if FIL community and or in your community such deeds are customary usage then it can be said more or less to be valid that also if any evidence are produced to its usage in community otherwise not.

Find out first about such customs and usage in your community from your family elders and ask your FIL to bring elders from his side of its existence and if not then do not go for such lollipops. It seems they are not decided yet if divorce is right for their daughter so buying time wait for it.

Hi There,

Thank you for your response. But we are not seeking a formal divorce. We just want to separate with mutual agreement and i will be paying some money to get to agreement. So i just want to make sure that at later time they don't ask for more money OR restitution of marital status. What is your opinion on Section 10 of Hindu Marriage Act. Can I apply for remedy at later time if needed in case of infringement of this agreement?

Please advise,

Regards,

Vijay  

In  my opinion such informal agreements even with money payments are not valid. Best would be to invest on S. 10 HMA.

Dear Sir,

Thanks for your reply.Plese explain your abbreviation "FIL" The agreement i am tlking about will be signed nd witnessed by father of both parties. Kindly explin about implications of Section 10 of Hindu Marrige Act.

Regards,

Vijay 

1. It is both one and same, it is obvious that some witness will be roped in for agreement. But the moot question remains is that such agreements are against public policy for all future purposes. A wife cannot give away her public policy rights unless expressly stated in a Judicial proceedings under Oath. Hence I expressed my opinion.

2. The main difference between divorce and separation under S. 10 HMA is that while you are separated you might reconcile your differences and start living together again without any legal documentation. A divorced couple has to legally remarry to become a lawful husband and wife. The separation of the spouses is only legal if it has been awarded by a court of law, usually the family court. If a husband and wife are living separately without applying to the courts, the separation is not deemed legal.

3. For a husband and wife to separate they have to sign a separation agreement. This may include the reasons, related parties and terms and conditions of the separation. This addresses the custody of children, maintenance costs and other such issues. This document is presented to Court for allowing. It is not done outside the Court. The legislation that addresses legal separation in India is the Hindu Marriage Act, S. 10. According to the act, a person who files for separation is not obligated to stay with their spouse unless the Courts decline the application for judicial separation.

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FIL = Father in Law
HMA = Hindu Marriage Act
S. = Section of The Act OR Code

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Without proper divorce, your agreement not valid. if you done 2nd marriage without proper divorce, you are accused under IPC. dont take relative advice. meet your local lawyer.