quesIs mutual agreement of divorce on Rs.50 stamp paper valid to remarry?

Is a mere mutual agreement of divorce on Rs.50 Stamp Paper signed by two witnesses in the presence of a Notary in the year 2011, considered enough as a proof of separation? What could be the future repercussions on the individual who would marry either of the two separatist?

  • ans

    No. 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. 

    Section 13B states that the parties can jointly move a petition for dissolution of marriage by a decree of divorce in the District Court on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

     

    The Court shall then record the joint statement of the Parties and pass a First Motion Order giving time of 6 month to the parties to resolve their dispute, however in case the parties are unable to resolve the issues within the stipulated time, the Court shall pass a decree of Divorce. 

     

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  • ansNo. Its a bogus agreement not recognised under law. You have been cheated by the said advocate/notary whoever advised you to do so. 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 .

    Advocate Sooraj Hulke

      Kharghar, NaviMumbai

  • ansif u r hindu as per hind marriage act it is necessary to take divorce by mutual consent by following proper procedure Which will take six months period. This is the valid divorce and u may remarry thereafter.

    Advocate Manasi Joshi

      Sadashadshiv Peth, Pune

  • ansSir,
    Foremost the mutual agreement divorce canno be termed as divorce. Divorce can be sought only by decree of court of law. The said document has no value n cannot be termed as divorce. But the said document can be used as evidence for separation after proving its validity as per evidence act.
    On the basis of said document either of the party is married in that case said marriage is void unless divorce is sought from court of law.
    Regards
    Pramod Kale
    Advocate

    Advocate Pramod Kale

      District Court, Shivajinagar, Pune

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