Such kind of contract has no validity until same is not recorded in court order and part of diovrce petition. Neither wife have any right in self acquired property of husband.
Divorce
A wife n husband if mutually in writing on a e stamp paper wrote a divorce agreement with some conditions like property transfer from husband, separately living, children's custody , condition of some salary transfer from husband, wife agreed to divorce , husband agreed to divorce. And this e stamp paper is signed by both husband n wife n all family members with parents is this divorce agreement legally stands in the court in all respects n legally what is the value of this agreement n the property of the husband is all self acquired. Pl instruct me in detail in this regard sir
Asked 5 years ago in Family Law
Religion: Hindu
23 Answers
And this agreement not registered it is written in the home n kept in the home a month ago only
Asked 5 years ago
Chill , its a waste paper.
no validity of divorce on stamp paper whether registered or not.
Only Court has the power to grant a decree of divorce
The couple will have to move a joint petition for divorce by mutual consent before the family court.
divorce decree has to be passed by court
2) agreement for dissolution of marriage does not dissolve marriage
3) file for divorce by mutual consent in family court
file for divorce by mutual consent in family court
Dear Sir,
Legally they have not value but morally binding. Property transfer must be through registered document only. Divorce must be through Court only.
Such an agreement is a nullity in the eyes of the law. It has no value. You are Hindus married under the hindu marriage act and therefore you can be divorced under the same law. This agreement should be presented in the family court for a mutual consent divorce.
Regards
Memorandum of Understanding (MOUs) between the parties in most case are not legally enforceable. However, they can and most definitely are taken into consideration by the court to show the intention of the parties at the time of deciding the matter.
Divorce agreement has no value as for divorce.you need to file a petition before the court.
Further in terms of custody , maintenance , and property this can be considered as memorendum and agreement between the parties.
See you can present this agreement between parties for divorce.for mutual divorce in court. File a divorce petition under section 13(B) of hindu marriage act for mutual divorce.
Hello,
- Divorce agreement has no legal standing as only a court of law can grant divorce to legally wedded couples.
- If either of you file for divorce in future, this document can prove to be of help in establishing the intentions of the parties at that point in time.
- Just because the agreement was made it will not entitle the wife of share in property as the divorce is not valid by the agreement.
Hello,
- Even if the agreement gets registered it will become unenforceable by virtue of its feasibility.
- Therefore of the intention to obtain divorce is tho be achieved, you must approach a court by filing appropriate petition. You need the help of a lawyer who is able to help you locally.
Such agreement is of no value for divorce. You need to apply divorce in court by filing a Petition in that you can attach that agreement executed as consent terms
This kind of agreement between husband and wife for divorce and custody of children is not valid in case you are mutually agreed to get diverse then you have to file a divorce petition based on mutual consent in the family court along with the custody of the children in the mediation both of you have to to be mutually agreed for all these things and god will accept this and your diverse will be allowed
It is a bogus agreement not recognised under law. Power to grant divorce lies only with the court for which a petition has to be filed.
Therefore subsequent marriage in pursuance of the said agreement is also void.
The proper manner to get mutually separated is as per Section 13 B of the Hindu marriage act.
File a MCD petition in Jurisdictional family court.
A decree of divorce can be granted only by the court. Spouses cannot dissolve their marriage by executing a stamp paper. Such a stamp paper has no force of law. It has scrap value.
Hi,
You are suggested that this agreement will not work as divorce and you need to file a case under section 13 B of Hindu Marriage Act for getting the valid divorce decree. This agreement made by you will be a proof and the same would be attached with the application for divorce.
The divorce agreement between the couple on a stamp paper is not a valid divorce and the marriage will not be considered to be dissolved by such an act.
If at all they want to dissolve the marriage they may have to file a mutual consent divorce before court of law, which will pass a judgment and decree dissolving their marriage by a decree of divorce.
The property sharing on such a stamp paper is also not enforceable legally and is not recognised as legally valid document to file a case in this regard.
As opined earlier, the unregistered agreement is not valid and cannot be enforced in court of law, no case in this regard is maintainable
Dear Sir,
It is invalid document as such you have to face problems in future better approach court and get either mutual divorce or exparte divorce.
- As per the information mentioned in the present query, make sit clear that there are different types of agreement which can be made outside the court.
- But, divorce can only be granted by the court of family law, not otherwise at all.
- And even if the agreement would have been registered then also it won’t be acceptable before the court of law as the same power has only been given to the court only.
