Sir I want to know whether a contract of separation between husband and wife notarized and signed by both the parties sufficient to get marry again? My husband and I have done such agreement and now he is blackmailing me that we are divorced and that piece of paper is sufficient for him to marry someone else! After that agreement in august 2016 he used to came to my residence saying that we are not legally divorced and still husband and wife. We lived as husband and wife. After than again some misunderstanding I left his house and now he is blackmailing me that I m not his wife from august2016. What should I do? Is that agreement still valid ?
Can that paper be a proof of dissertation while he enjoyed the benefits of married man with me?
1) it is worthless scrap of paper
2) you need to file petition in family court and decree has to be passed by family court for dissolution of marriage
3) you are still his legally wedded wife
4) your husband cannot remarry unless divorce is granted by court
as mentioned herein above you continue to be his legally wedded wife
2) file petition for Restitution of Conjugal Rights under section 9 of HMA
3) seek maintenance from your husband
My husband and me both are govt servants. I don't want maintainance I just want the rights of a married women while living in relation...and he is denying the same. He says you are not dependent on me and I m bounded to my paternal family by commitment of fulfilling their needs. He didn't told us at the time of marriage neither his relatives. And now they all are making my life a hail
file petition under section 9 of HMA as advised
2) as legally wedded wife you have right to stay in your matrimonial home
No, such an agreement is not legally valid and both of you are husband & wife.
2. You may file a case against him for mental torture & domestic violence and ask for alimony & maintenance if your income is not sufficient for livelihood .
3. Please consult a family lawyer of your area and seek further advice in matter.
Sir I want to know whether a contract of separation between husband and wife notarized and signed by both the parties sufficient to get marry again?
This cannot be considered as divorce hence if a marriage contracted after this agreement shall be void and not valid.
My husband and I have done such agreement and now he is blackmailing me that we are divorced and that piece of paper is sufficient for him to marry someone else!
He is just threatening you without knowing the legal implications of this. If he marries someone without proper divorce, yo can file a criminal case agaisnt him for the offences of bigamy. If found guilty, he may be put behind bars for 7 years, even his spouse can be punished.
What should I do?
Is that agreement still valid ?
You can file a RCR case against him.
Such agreements are not enforceable in law.
Can that paper be a proof of dissertation while he enjoyed the benefits of married man with me?
Yes that can be produced as documentary evidence for separation period between you both.
My husband and me both are govt servants. I don't want maintainance I just want the rights of a married women while living in relation...and he is denying the same. He says you are not dependent on me and I m bounded to my paternal family by commitment of fulfilling their needs.
He didn't told us at the time of marriage neither his relatives. And now they all are making my life a hail
You can file a restitution of conjugal rights case against him.
You can reside in his house as his legally wedded wife, he cannot send you out for any reason.
Sir I live in a residential setup that's why can't go to reside with him for whole year and he is not ready to come to my residence permanently. He comes and go whenever he want and at the same time he is retaining that documentary proof of separation. In this situation I have to leave my job which is not possible for me becoz he can't take care of me. Sir plz tell me which our matrimonial home ? I must have to reside in my campus!!! He is residing at his jobs place. There is a parentl home also.
matrimonial home is home where you resided with husband after marriage
2) you dont have right to stay in your in law residence
The home where you both last resided together can also be considered as your matrimonial home.
However living separately owing to circumstances of job or any ther unavoidable reason cannot be considered as desertion or living separately without any valid reason.