Legal Question in Family Law in India

Validity of marriage settlement agreement

Is marriage settlement agreement is valid for the marriages took under special marriage act 1954, can it be produced as valid document for applying divorce. If in MSA, signature of any one spouse taken forcefully is it valid document.

Kindly I request to send the reply at the earliest becouse it is urgent.

Thanking you,


Asked on 5/11/05, 10:10 pm

2 Answers from Attorneys

Sudhakar Joshi NACHIKETA ASSOCIATES

Re: Validity of marriage settlement agreement

Dear Sir/Madam,

A forcible signature on document can definately be challeneged in court of law. Such a signed document cannot be produced in divorce petition. Procedure under the Special Marriage Act is to be followed for the purpose of taking legal and valid divorce.

I am competent to deal with such matters and therefore further communication between us is required for which, pls contact at the below

mentioned contact address of ours. Please contact us very immidiately as further

information is required for better assistance and to decide correct line of

action.

Our contact details are:

Mob: 09824033212

09824386738

Mail: [email protected]

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Answered on 5/14/05, 5:24 am
Balasubramanya Beeranna Balasubramanya&Ramesh Associates

Re: Validity of marriage settlement agreement

If you have duly married before the Marriage Registration officer of the jurisdiction concerned then that itself is enough, you need not worry about the agreement.

It can be produced as valid document.

You have stated the word MSA, is it a Mistake for USA.

if the marriage is done in India, then it cannot be divorced until it is done in India.

If forcefully signature is taken then you have to prove that under life threatening he has taken the signature on the document.

Regards

B.Balasubramanya.

Advocate.

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Answered on 5/13/05, 3:16 am


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