Legal Question in Family Law in India
Law of Maitri karar in India
I want to know if my wife had left me for 1 year and not giving me divorce so can i do maitri karar befor the magistrate. I want to know about enforciabiality of maitri karar law in india.
2 Answers from Attorneys
Re: Law of Maitri karar in India
In Gujarat a system prevailed in which a man and a woman entered into a friendship agreement, a legitimate contract before a magistrate. It had a social and legal sanction and was popularly known as "maitri karar". Later this practice was converted into a "service agreement", according to which the man would keep the woman of his choice in his house as a helper or a maid servant. Not surprisingly, this contract, too, had a legal and social legitimacy. It is well known that this practice was followed by many Ministers and senior bureaucrats.
The Maitri Karar was a pact between a married Hindu man and his 'other woman' to circumvent provisions of the Hindu Marriage Act that prohibits another marriage while the wife is still alive.
This is a term specific to Gujarat
and is essentially a method to bypass the stringent provisions of the
Hindu Marriage Act and enter into an "undeclared second marriage".
It was not legally enforceable, but the Maitri Karar was meant to
give a sense of security to the married man's 'other woman.
Re: Law of Maitri karar in India
the facts given by you are insufficient for proper advice.