Legal Question in Family Law in India
I have married a Hindu Brahmin.Me and my husband have signed divorce deed on 100 rs stamp paper stating a separation since one and a half years and it has been notary executed. I do not wish to remarry and wish to stay alone. Child custody has been with me as been stated in the deed. I wish to know what is the validity of the deed in this case where i dont wish to re marry but stay separate and dont wish to file divorce in court unless filed mutually. my husband refuses to go for mutual divorce in court.Please advice.
2 Answers from Attorneys
that deed is valid to prove the period of separation but not a valid document to prove the divorce. the divorce has to be granted through court and in case you wish to stay separate and independent, you do not even need that document. in case your husband bothers you with his presence, you may resort to domestic violence act.
it is better to get divorce first. but even you can pursue your life with person but better after divorce else he can file any case at any time.
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