Legal Question in Family Law in India
is an affidavit sworn before a notary binding?
i am getting a divorce. she lives in my house right now, i want her to leave it as soon as possible. she has agreed to leave as soon as she gets the settlement amount. my wife's lawyer has told them that she can sign an affidavit stating that she will leave the house once the money is given to her and that she will have no more claims upon me (both, movable and immovable items). that she will sign all papers pertaining to the divorce as and when i request it.
she promises to come to the court and sign things later on and will leave the house immediately once the money is paid to her. is that binding on her?
i have got a divorce from the American court which is not valid in india and my lawyer says that it can be attested by her or she can challenge it and say in front of the judge that she is willing to sign if i pay a certain amount of money etc. and that it will happen in 15-20 days is that possible?
Thanks.
5 Answers from Attorneys
Re: is an affidavit sworn before a notary binding?
its better if you make all the settlement before the court
Re: is an affidavit sworn before a notary binding?
It is better that you file a mutual consent divorce as the terms of settlement can be mentioned in the Petition.You can also make an agreement of settlement in which you can mention the terms and conditions and the same can be signed by both of you along with the witness which can be later incorporated in the mutual consent petition, where in everything can be settled before the courts and the same would be a document with proof and shall be binding on both of you.
Re: is an affidavit sworn before a notary binding?
affidavit signin presence is binding upon both the parties. you can file a ejectment suit if she fails to obey the same.
Re: is an affidavit sworn before a notary binding?
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Re: is an affidavit sworn before a notary binding?
(a) Your wife may get you arrested by filing a complaint against you u/s 498-A IPC on the basis of fraudulant divorce obtained by you from USA.
(b) You may consider seeking divorce from Indian courts and make payment of PERMANENT ALIMONY amount to your wife by executing an out of court settlment deed.
(c) It may be better to first make her the payment and obtain her consent affidavits in order to avoid any criminal case against you.
(d) Your American court divorce may be a big hurdle; the Indian court may direct you to deposit your passport in court till the matter is finally settled.
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