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Legal validity of divorce outside the court done informally
08-Feb-2023 (In Divorce Law)
Sir it's being 3 years case in family court asking my wife to come back and rejoin me ,court given many summons ,give advertising on News paper asking her to present before case and settel issues,but she and her Advocate never ever present before court on any hearing till today date.I and my family use all our efforts to get her back but all goes in vain.Now after 3 years of separation and 5 yrs of marriage .She suddenly said me on phone that idon want to come court give me divorce outside court I'm ready to come Delhi but not come is court.She was so shameless over phone about this relationship.kabhe socha he nahe ye mein kya aur kyu kar rahe hu.Now you suggest me divorce outside court is valid and also can I demand for the money me and my family spend on this marriage.Any punishment also
There's no such thing as divorce outside court. You can file mutual divorce which will be over in just 2 hearings. Divorce outside court is not valid. You can ask for the money. Please contact a good lawyer
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Is divorce agreement valid?
The court will examine the terms of the divorce settlement agreement once it is filed at the family court to make sure they are fair. The court will only issue a divorce decree if it is satisfied that the agreement has legal validity and is enforceable.
Is 1 year separation mandatory for mutual divorce?
The couple must already have lived separately for a full year before filing the mutual divorce petition. The court is not concerned with the reasons why a couple has lived apart. You can meet the criteria by living in separate houses or having separate residences for more than a year.
How to write a divorce agreement in India?
The parties personal information, such as their full names, addresses, and ages, should be included.
The parties incomes and employment status,
Property owned by parties
What is the legal document for divorce in India?
Documents required for divorce with mutual consent
Marriage Certificate Address Proof for Husband and wife. Four photographs of the marriage. Income Tax Statement for the last three years
There is no sanctity in any divorce outside the court. It has to be done through court. Compensation, if any, has to be through court. If outside, records should be kept of the amount and for what purpose before any money is given.
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Adv. Anirban Sen
Delhi | 25+ Answers
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For taking divorce, you have to take the same from the court only. Divorce outside the court is not valid. For taking divorce you have to file petition for mutual divorce before the court under section 13B of HMA. There is no other alternative available.
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Adv. Naman Gupta
Delhi | 200+ Answers
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Divorce can be done outside court through Mediation. Even courts also refer divorce cases first to mediation.
In divorce, husband has to give alimony to wife, hence you will have to pay her and you can not claim any money.
In divorce, husband has to give alimony to wife, hence you will have to pay her and you can not claim any money.
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Adv. Neetica Sharma
Delhi | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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