Affidavit executed on Rs 100 stamp paper does not dissolve your marriage
2) you need court orders for dissolution of marriage
3) she continues to be your legally wedded wife
4) file petition for RCR under section 9 of HMA
Suggestion and help
Sir, I got married on January 30th 2018 (Love Marriage). Thereafter from day one things were okay between me and wife but not among our families. Both families had some issues, which ultimately affected us indirectly. We never had any issue. On regular basis there were talks, which affected our relation. I got struck in two boats. She is a career oriented girl with high ambitions. Pre-marriage we had plans to start our business which took a back step post our marriage. My families had different expectations from our. She even mended that way, but still things did not go smooth. Finally after 2 months and 13 days, we both decided to call it off and since then, she is living with her parents. An INR100 affidavit was made and our marriage was called off (Mutual Decision). After one month of separation,i started feeling bad and i approached her. Even my family members approached her. She is now so adamant that she has blocked my number and is not ready for a patch up. I dont want a spoil a relation. Please tell a remedy.
Asked 7 years ago in Family Law
Religion: Hindu
10 Answers
hello,
first of all, I would like to inform you that a marriage cannot be annulled on the basis of an affidavit/certificate of Rs.100/- proper divorce proceedings have to be instituted in a court of law and then only you can be separated legally. otherwise, the law will still consider you a married person for all practical purposes and you both cannot marry again.
now as far as your relationship is concerned, try mediation by filing an application in a court and try to persuade her through relatives and friends. if she refuses, then you will have file a divorce application my mutual consent.
this application can only be filed after 1 year of your marriage, not before.
regards
The marriage cannot be called off on an affidavit. There is no divorce which could be called legal here. If you want your wife to come and live with you, file an application for restitution of conjugal rights before the Family court of your area.
1. The so called calling off your marriage by writing on a Rs.100/- stamp paper is invalid.
2. You are still considered as married couple and shall be continued to be so considered unless you avail decre of divorce from the Court after filing divorce suit or mutual consent divorce petition.
3. Please keep in mind that no wife or husband can be forced to stay with her/his husband/wife without her/his consent.
4. So, give her some more time and then attempt to console her again.
5. You can reach her through a third party informing her the she is still legally considered as your wife.
You still legally married as a decree of divorce can only be passed by court having jurisdiction and not by way of affidavit on stamp paper.
If either the husband or the wife, without reasonable excuses, withdraws from the society of the other, the aggrieved party may approach the Court for restitution of conjugal rights.
You should file a petition under section 9 of the Hindu Marriage Act for restitution of conjugal rights if you want to bring back your wife to her matrimonial home.
Regards.
1. No relationship can be taken forward without consent of both persons . So if one persons calls it a day making force will not do anything
2. Marriage survives on mutual love and affection. So revive the same in your wife. if she finds love once again then it will work out.
3. Otherwise move on in life and dissolve the marriage by mutual divorce.
This is my response to you:
1. Send her a personal letter to reconcile the marriage;
2. If she does not respond approach the court and file for RCR;
3. The court will send you into mediation and then you and your wife can take counselling;
4. If there is nothing to reconcile your marriage and there is irretrievable breakdown of marriage then there is no other option than divorce;
5. Take the help of alternate means of dispute resolution then only file for legal process of divorce.
Legal remedy would be to file a case for restitution of conjugal rights under section 9 of the hindu Marriage act.
Also, please understand that before taking legal steps you must talk to her as no law can force her to live with you.
The divorce as sought on notary is invalid and a mutual consent divorce will have to be taken from the court after 1 year of marriage under section 13B of the Hindu marriage act.
Regards
1. Marriage cannot be dissolved by an affidavit. That INR 100 affidavit that you made has scrap value. Your marriage continues to subsist for all legal and practical reasons. A marriage can be dissolved only by the decree of the court.
2. Convince her to apply for mutual consent divorce in the court after a year from the date of marriage. Under Hindu Marriage Act, a petition for divorce cannot be filed earlier than a year from the date of marriage.
The divorce deed is not valid divorce and it canot be enforced in law.
If you still want to save the marriage you can file a RCR petition, let she receive the summons and answer all her grievances before court and the court to decide.
You dont lose hopes, she may decide to return as the time passes by changing her mind, if not allow the things to happen in the manner it has to , however you can put your sincere efforts to rejoin.
