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Wife gave divorce on deed and confirmed the child custody also
08-Oct-2023 (In Child Custody Law)
Wife wanted speedy divorce so she prepare Divorce deed which is execWife uted on 100 stamp with witness and notarized. I am aware now that, being hindu, we need decree for divorce from court. However we both are educated and have two girls (4.7 and 3 year) in wedlock. In Divorce deed, she has given child custody to me and also accepted adultery as a reason on that. Cutting to the short, then she filed 498a on me and child kidnapping Complaint on me which was dismissed. Based on Divorce deed and threat email, high court provide free police protection to me and my girl from wife. She filed kidnapping case and search warrant at district and high court and Petition dismissed on admission. What is the validity of Divorce deed in the context of Custody as indian contract act 22 validate the deed too. Deed says in event of decree from court require, both party need to cooperate. One child is studying for 2 year. My advocate is confident on deed agreement. Need pro advices.
Mutual consent divorce deed is not legal. You have to file a joint petition for mutual divorce in the court having jurisidiction, and after waiting for a period of six months the court shall grant a decree of divorce. Any deed executed before a Notary is not valid. However, you can use it as proof to establish your wife’s adultery in court and prevent her from getting custody
Helpful?
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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Sir
As per Hindu marriage Act, Marriage can be annulled only by a Decree of Divorce. However, there is an exception, which provides that were the customs between community permits customary divorce, then such marriage can be annulled as per the customs, and no divorce decree is required. In Patel Community customary divorce is permissible. So validity of your divorce deed would depend upon your cast / community.
Should you need any assistance then feel free to contact.
As per Hindu marriage Act, Marriage can be annulled only by a Decree of Divorce. However, there is an exception, which provides that were the customs between community permits customary divorce, then such marriage can be annulled as per the customs, and no divorce decree is required. In Patel Community customary divorce is permissible. So validity of your divorce deed would depend upon your cast / community.
Should you need any assistance then feel free to contact.
Helpful?
19+
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Adv. Vivek Mapara
Ahmedabad | 100+ Answers
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