Menu
keyboard_backspace
ask a question ask a question
Get Realtime Updates of your Request. Download Vidhkarya App

Ask a Question - Free Legal Advice

Q.Divorce on Rs. 100 Stamp paper

Q. Divorce on Rs. 100 Stamp paper

Placeholder image

Utkarsh Andharia

posted 7 months ago

I got married on 5th Feb, 2018. We both are same cast Kacchiya Patel. After one month on 7th March, 2018 she go back to her home first time after marriage. She was somewhat ill so I go to her home on 10th March and returned on 12th March. On 14th March we got informed by other person from their city who was in middle for our marriage that my father in Law don’t want to send her daughter to me. My Father has tried too much to solve the issue but from their side negative reply to solve. They don’t even want to meet me and my parents also. And on 29th April we have signed divorce agreement on Rs.100 Stamp Paper. In that agreement I have added a point, that no try to save relation was done from their side. It was done by our side only. Still I want her back in my life. What can I do? If she marry other guy what can I do? We never meet again after 29th April. If she marry again is it a punishable offence by her? What are after possibilities?
Share this questionShare Icon

Showing 6 of 6 Responses

A. I think you are referring to MCD as both of you had signed a divorce agreement. MCD can only be filed if both the parties to the marriage has been living separately for over a period of one year or more. However she might take leave from court to file a petition of divorce on the ground that the case is one of exceptional hardship to the petitioner. Court will do its observations and findings and the merits of he case, after hearing both sides, either pronounces a decree, with condition
that the decree shall not have effect until after the expiry of one year from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after the expiration of the said one year upon the same or substantially the same facts as those alleged in support of the petition so dismissed.

In your situation you can either get a decree of restitution of conjugal rights where the court will direct her to consume her marriage and perform her conjugal rights. And if doesn't join you, she will not be entitled to maintenance also.

As for her second marriage is concerned, that is not possible unless she get her first marriage dissolved by a decree of divorce. Second marriage during the lifetime of the first husband, attracts penal provisions under the law which amounts to bigamy u/s 494 IPC. So don't worry of her going for a second marriage.

Alternatively, if you think your wife is wanting to resume her conjugal duties but her family are preventing her from doing so, then in that situation you can approach high court moving writ of habeas corpus, to bring her to court and the bench after hearing the parties make its observations and findings and give her give her custody to the husband.

For filing RCR or Writ Petition contact a local lawyer from Vidhikarya.

Found Helpful
Found Helpful
Share this answerShare Icon

ROBERT D ROZARIO

Experience: 15 Year(s)

Responded 7 months ago

View All Answers
Reply Here

A. Hallo sir, divorce order given by court is valid and have legal value. Divorce agreement on 100 rs stamp paper is void agreement. You can challenge to this stamp paper agreement and try to settle your family dispute by consultation. If your wife not responding you then you should file restitution of conjugal right suit and call your wife to back you home.better way to contact with our vidhikarya lawyer for better resolution on your matter

Found Helpful
Found Helpful
Share this answerShare Icon

Deepak Bade

Experience: 9 Year(s)

Responded 7 months ago

View All Answers
View {{count[1]}} Reply
Placeholder image

Utkarsh Andharia

Experience: 1 Year(s)

Replied 7 months ago

Thank you Sir

Our divorce agreement done only because of her ego, only and only her ego.
she left only in a single month of the marriage.
If I bring her back by law and she came also, but there is possibilities that she can make case aganst my family after some time for domestic violance and dowry.
In such case how can law support me? As my knowledge girl have more right.

Reply

A. Take immediate legal steps to bring her back through Courts - the only option for you !
Don't worry as the Law is on your side in this case.
Please contact VIDHIKARYA for further discussion and action.

Found Helpful
Found Helpful
Share this answerShare Icon

Namitabh Kothari

Experience: 19 Year(s)

Responded 7 months ago

View All Answers
Reply Here

A. She can't marry someone else.. through sign on Rs100 stamp paper...
If she do so .. that marriage will be void marriage.

Found Helpful
Found Helpful
Share this answerShare Icon

Kavery Anand

Experience: 13 Year(s)

Responded 7 months ago

View All Answers
View {{count[3]}} Replies
Placeholder image

Utkarsh Andharia

Experience: 1 Year(s)

Replied 7 months ago

Thank you
But if she marry what can I do?

Placeholder image

Kavery Anand

Experience: 13 Year(s)

Replied 7 months ago

If she marry other person.. u can file cheating case on her...and ask huge compensation against it...
And one more thing... Don't keep any deep feelings towards her... She is not worth it ...
Agar worth hotitho ... Aapke saath kabhi Aisa naa Karti.

Placeholder image

Utkarsh Andharia

Experience: 1 Year(s)

Replied 7 months ago

Thank you again men.
It is difficult to forget her but will have too. She has too much ego. In her ego she has taken decision of divorce in a single month.
I don't want to trouble her. And compensation not possible bcoz She is from lower lower middle cast family.

Reply

A. Answerd by Adv kavery Anand Bangalore.. sir Divorce on Rs100 stamp paper??? It's not valid....

Found Helpful
Found Helpful
Share this answerShare Icon

Kavery Anand

Experience: 13 Year(s)

Responded 7 months ago

View All Answers
Reply Here

A. if she marries some other any time now such a marriage is void- means not a marriage at all. The stamp paper is not a divorce decree, and agreement to divorce is also illegal. You can bring an injunction to prevent her marriage. If you want more, ask.

Found Helpful
Found Helpful
Share this answerShare Icon
View {{count[5]}} Replies
Placeholder image

Utkarsh Andharia

Experience: 1 Year(s)

Replied 7 months ago

Thank you sir
But if she marry what can I do? If I take legal action what kind of punishment to her? I want her back in my life. I don't want to punish her more.

Placeholder image

Prabhakara S K Shetty

Experience: 19 Year(s)

Replied 7 months ago

You can inform the boy`s side, and also to local police.

Reply