Basically i am indian christian by religion.I had arrange marriage before 9 years with a girl from the same community. But unfortunately after a few months we decided to take divorce which was executed by an agreement which was registered by notary.She has admitted this fact in several litigations. Now I have filed a suit for divorce declaration under 7(1) b of family court act. But now she dont want to co-operate me and want to harass me and had given an application in the said suit to cancel the suit on the ground that it is not as per the law. But judge rejected her application on the basis of providing enough opportunities to the petitioner to prove his case since he has also produced many evidences of customary divorce in his community.
My question is it possible to obtain a divorce declaration under the above suit for christian?? or is it going to be in vain.??
Asked in Family Law from Ahmedabad, Gujarat
1) divorce has to be granted by family court . an agreement for divorce before notary public has no value .
2) though S.29(2) HMA expressly saves customary mode of divorce from the effect of section, it has to be specifically pleaded and proved to have all the characteristics of a valid custom.
in your case both parties are christains . your wife has disputed any custom in your community regarding customary divorce . . the pleadings in your petition has to be perused before any definite opinion can be given .
divorce has to be granted by family court . an agreement for divorce before notary public has no value .
Advocate, New Delhi
1.Divorce by a mutual agreement without stamp of approval from court is a nullity in the eyes of law. Only a court of law is empowered to grant divorce. So the agreement that you previously made with your wife is illegal.
2. You have now applied for divorce and her request for dismissing your case has been rejected by court. The case will now be decided on merits in accordance with law whereby both parties will be called to prove their respective allegations.
Whether or not the previous agreement can be of any help to you in the process initiated now by you can be told only after perusing the agreement and divorce petition. Consult a lawyer personally.
you have to file your divorce in family court under the law applicable to you as both are christen .divorce on notary bears no value. you have to apply for divorce under marriage dissolution act . for brief & legal guidance you may call me
Advocate, Greater Noida
if your customary divorce is valid and proved before the court then the suit for declaration will also be accepted and court grant the decree of declaration in your favour otherwise not.
for best advise you should contact a lawyer personally with documents.
Advocate, New Delhi