- This topic has 28 replies, 19 voices, and was last updated 1 year, 5 months ago by
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UUpdate to https://www.reddit.com/r/LegalAdviceIndia/s/S11btHIa0u
So my wife and her parent have done divorced papers and have asked me to sign it. Luckily they are not demanding anything.
But the divorce paper they have prepared is just a normal paper notarized on a Stamp paper and AFAIK that’s not a valid divorce.
The paper simply states we are parting ways and calling off the marriage.
Upon inquiring more, she stated that she got divorced the same way last time and it was not infront of court.
My little google skills have given me the idea that it’s not a valid divorce.
So Is my marriage valid in first place?
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UMy in-laws said they don’t want to separate lawyers ! And I didn’t want to get on their bad side rn
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POh I get the game..both lawyers will be appointed by them..so your adv will be in effect appointed by them. If it is a mutial consent divorce i dont see any harm butif it is going to be messy your lawyer may be in effect batting for them and may nor be in your best interest
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UYes! But now how can I divorce her legally. I have to go for an annulment on the grounds of Bigamy!
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SAnd this is why you need a lawyer. In normal cases, a common lawyer would do. But here the legal status is complicated. So even if you do not get your own lawyer, you should meet a lawyer to understand the complications.
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Bdid you register your marriage ..
if she was preciously married and did not have a legal separation
then your marriage is legally Void ..
you can consult a lawyer who can help you on this ..
probably they are not asking is because they know she can not get anything from court legally as the marriage would not be a valid marriage
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IWhat is mentioned in the earlier post does not constitute a valid divorce in India. There is no divorce without following due process and a decree from the court. A stamp paper like that will not have any legal recognition equal to that of a divorce decree.
As such, if she has done the same in an earlier marriage, she is still legally married to her previous husband and is living with you in a bigamous relationship, which is not considered equal to marriage.Not only can you annul your wedding, but she can also be charged with bigamy and fraud under the relevant sections.
P.S. Typing while travelling, so I could not provide proper details.
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SNAL, but many family members are. That is absolutely not legal divorce in any way anywhere in India and any lawyer who agrees to do this is scamming you. To get the mutual consent divorce in India you have to file a joint petition in the court and mention the alimony, child custody and support and property division in the joint petition and specifically mention that there are no children, and wife is foregoing the maintenance and alimony if its not required.
Most importantly, you have to submit proof of failed reconciliation attempts to save marriage. Then you both will appear in the court on the day of your hearing where court will give you both a cooling of time which is typically around six month and then you will appear in court again and if the court is satisfied that both parties have followed all legal requirements and that the mutual consent is genuine and none of you is blackmailing/threatening the other for divorce, it will grant a divorce decree. There is NO OTHER way of mutual consent divorce in India.
What your in laws are doing will live you open to many times more maintenance amount and alimony claim than you would typically pay in future and even prison sentence if they change their mind.
Hire your own lawyer, or get screwed in future.
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