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Separation with mutual consent in gram panchayat is valid as divorce?
11-Aug-2023 (In Divorce Law)
Recently we approached a family for my sister marriage with their only son. Later we found that that boy got married once but due to some reasons that marriage was broken with mutual consent in front of a gram panchayat. The consent was documented in a legal document and signatures were taken from both the parties along with several witnesses in that document. I want to know is this legal document can be taken as a divorce agreement? Is this mutual consent of separation is valid as a divorce? If we go ahead with the marriage with that boy, does the previous wife can push any claim in future?
This agreement can't be treated as a valid divorce. The parties must get divorce as per recognised manner as has been mentioned in the statute. For a Hindu, parties can file an application for divorce with mutual consent under section 13-B of the Hindu Marriage Act. Any other agreement or contract for ending the Marriage is not recognised under law and the previous wife will be deemed to be a legally wedding wife unless divorce is granted by court.
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Adv. Suyash Gupta
Lucknow | 25+ Answers
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This is not the correct process of getting separate. They should approach the Court and should move a divorce Petition U/s 13(b).
In the above mentioned case the previous wife can claim or can challange the agreement of divorce.
In the above mentioned case the previous wife can claim or can challange the agreement of divorce.
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Adv. Anurag Garg
Ghaziabad | 25+ Answers
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Yes divorce by mutual consent is a valid divorce.
Once a divorce proceeding is complete, the terms of the divorce decide of any future activity. So once it is done the wife or husband cannot claim anything outside the agreement between them.
If you need to know anything more, you may like to take an appointment and discuss in person.
Once a divorce proceeding is complete, the terms of the divorce decide of any future activity. So once it is done the wife or husband cannot claim anything outside the agreement between them.
If you need to know anything more, you may like to take an appointment and discuss in person.
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Adv. Vibhu Verma
Noida | 25+ Answers
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