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Is divorce agreement valid for divorce


02-Jun-2023 (In Divorce Law)
Hi, We really need some help. I got married with Sikh Religious Marriage only in 2007, we did not register the marriage in court. The divorce agreement was made in 2010 through Panchayat. Is the Divorce Agreement through Panchayat o.k to dissolve the Religious marriage? Pls help thank you.
Answers (5)

Answer #1
801 votes
No. Only a court can grant a divorce. For this, you need to file a divorce petition under the Hindu Marriage Act (which governs Sikhs as well). You can approach the court and file a petition for divorce by mutual consent.
Answer #2
604 votes
No not at all, for divorce you have to take proper legal course. Infact agreement by the panchayat has to be mentioned the same condition that you need to go to court for divorce and same will bhi granted by courts as per law. Other wise your marriage will b continue
Answer #3
606 votes
Such divorce agreement has no legal sanctity irrespective of registration of marriage. In Hindu law , it is very sacrosanct and when it was solemnized, the custom and rituals are important. Once the marriage has been taken place , it can only dissolved by the court.
If both the party of the marriage are ready to dissolve the marriage, you have to file a divorce petition jointly statement will be recorded before the Judge. Six months time period will be given to both of you to think over the issue,if after six months you are under the opinion that you are no longer want to protect the marriage, the second and final motion of divorce take place. After that decree both the parties are free to marry again. Revert me for any other query. All the best.
Answer #4
969 votes
No you will have to apply to the concerned court based on that and Decree of Divorce have to be pronounced by the concerned court. since even without registration a religious marriage is declared as a valid marriage but to get divorce you need to get it from the court of law otherwise you may face many practical difficulty while you apply for many things in your day to day life.
Answer #5
683 votes
Hi
You need to get ur marriage dissolved thru a court by filling mutual consent divorce u/s13(b) HMA and then ur marriage will get dissolved.The agreement signed by both the parties will be part of the petition and this process will take 6 months from the date of filling for any other inquiry pls feel free to contact us

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