Legal Question in Family Law in India

Manual changes in original deed
hi. there is deed of divorce of a muslim couple and brief facts are stated:
1. No signature of wife and no witness from wife side
2. Its a stamp paper of 10rs. bought in Uttaranchal , typed in new delhi and execution of deed in jaipur.
3. execution of divorce was typed as --jan 2008. no particular date was typed. later husband MANUALLY changed it march and changed the place from delhi to jaipur.
4. there is no proof that this deed was sent or receieved by the wife and no mehr was paid back.
I want to know what all implications such a deed will have and what actions can be taken to challenge it? whether it can be challenged or not? what effect will it have on wife's maintenance? and daughter's maintenance? Please suggest in detial considering that 498 and DVA is pending in court already. i want to challenge this divorce in particular seperately . what should i do? because in my opinion this divorce is not valid even islamically. Legally also i believe it has no value. Please guide

Asked on 4/12/09, 2:21 am

Aniruddha Pawse Aniruddha.P.Pawse Advocates

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Re: Manual changes in original deed

Yes you are right that such divorce deed has no legal value.

Answered on 4/12/09, 3:34 am

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: Manual changes in original deed

Since you are not a signatory to this deed, how you came to learn about it ?

Now since 498-A and DVA are pending, you should pursue these remedies.

However, you may consider filing a suit for declaration that the marriage is subsisting and the divorce is not legal.

Answered on 4/14/09, 9:12 pm

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