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We entered into an agreement to avoid divorce what is my legal status


03-Feb-2023 (In Divorce Law)

My wife did a 498a case against me and my family in 2006. In 2008, We entered into an agreement in Highcourt Allahabad just to get out of this mess. In agreement it was written that "They will continue to live separately without seeking divorce in greater interest in their child..." in next para it is written that "They will continue to live separately till they themselves decide otherwise." There is no time limit defined. I am paying money every month as per agreement. How this agreement is enforceable as per HMA. What is my legal status ?

Answers (3)

Answer #1
743 votes
if at any point you feel that the wife has violated the agreement entered , you may call upon contempt proceedings against the wife for violation of the Agreement . Provided that the Agreement has been entered has been submitted before Hon'ble Allahabad High Court.
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Advocate Vibhor Gupta

Adv. Vibhor Gupta

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Answer #2
686 votes
Hi, You should move to supreme court of India file an appeal against this order that due to this order neither you are living with your wife not you can't do another marriage. hopefully you can get the justice from the Hon'ble Supreme court of India.
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Advocate M P Siddiqui

Adv. M P Siddiqui

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Answer #3
809 votes
You continue to be Husband and wife unless and until the Marriage is dissolved by following due process of law. You are paying the amounts as per agreement to your wife and Child as maintenance amount, it has got no effect on marital status of the parties.
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Advocate Sandeep Banga

Adv. Sandeep Banga

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