Legal validity of divorce outside the court done informally

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

Answers (4)

214 votes

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.

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135 votes

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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242 votes

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.

185 votes

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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