Legal Question in Family Law in India

Divorce by stamp paper agreement

An agreement done between spouses on a stamp paper of Rs 100 ''that they are going to divorce each other and free to remarry where they want and so and so'' and signed by the sub-registrar is valid in the eyes of law? Or say, Customary Divorce is valid or not?

Is this type of agreement valid in Gujarat, India? Can anybody remarry to another person after signing such bond paper? Please help me Lawyers from Gujarat.

Asked on 6/19/08, 5:06 am

6 Answers from Attorneys

Bobby Aanand Metropolitan Jury

Re: Divorce by stamp paper agreement

No, a marriage solemnized under Indian Hindu rights and rituals or under Hindu Marriage Act can not be dissolved by a single agreement on 100/- Stamp Paper. As per Indian Laws, a marriage can be dissolved only through a decree from a Family Court (having valid jurisdiction to pass that decree). If both parties are agreed for a divorce then a petition is required to be filed for mutual consent in Family Court.

Customary Divorce is valid only in some tribal areas of MP, Chhattisgarh, Eastern UP, etc. provided the customary laws are prevailing there. Here are recent Supreme Court judgments also whereby the same provision was discussed and it was confirmed that the Customary Divorce is allowed subject to the condition that the same is in practice of any particular sect.

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Answered on 6/24/08, 7:55 am

Homi Maratha N.N. Maratha & Co.-Advocates

Re: Divorce by stamp paper agreement

You can only re-marry after you obtain your decree from the family court.

In case of need you may call up or contact personally.

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Answered on 6/21/08, 12:59 am
Bhaskaran D Bhaskar Associates

Re: Divorce by stamp paper agreement

Both are taking a simple short-cut method. But this is not a divorce at all.

Unless the other, the anyone of you do not interfere in one others marriage, your agreement for divorce could be valid as for you and she are concerned.

Though it is a risky one, go ahead and live a happy life with your new partner.

If more and more settlements of this kind takes place then this itself will become law, a customary law and the court will start accepting it. Court work too becomes less.

Let this custom be started by you.

At least for this purpose take the help of an Advocate in drafting the agreement paper.

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Answered on 6/29/08, 10:33 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Divorce by stamp paper agreement

No in eyes of law such divorce is not valid and this rule is true for India and not only in Gujrat.Obtain decree from family court in Gujrat.

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Answered on 6/22/08, 12:24 pm
Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]

Re: Divorce by stamp paper agreement

The customary divorce is allowed ONLY for certain castes in India which are governed by Customary Law; but if the parties are govered by Hindu Marriage Act, the customary divorce will not be applicable.

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Answered on 6/22/08, 10:38 pm
G. M. Gupta gmguptaandassociates

Re: Divorce by stamp paper agreement

i am not from gujrat but u have to move to court to take legal decree for valid divorce.

nothing else is legal

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Answered on 6/23/08, 1:27 am

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