your Rs 100 stamp paper agreement for divorce has no value . the divorce can be done only as per court orders dissolving your marriage
2) in your case marriage would be dissolved on 31st March 2014
3) you cannot get back dated decree before 2009
Divorce decree date to be backdated according divorce deed
Respected Lawyer, I got married in Jan 2006 & divorced in June 2006 on a 100/- rs stamp paper. X wife applied for decree in 2013 and decree was given by court in 2014. Decree says marriage stands dissolved with effect from the date of this order....pronouned today on 31 march 2014. We got seperated since June 2006 after divorce deed. Is it possible to get a backdated decree before 2009.
Asked 7 years ago in Family Law
Religion: Hindu
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8 Answers
Re. Mahendra Nath Yadav Vs Sheela Devi (Supreme Court of India)
Held: Hindu Marriage Act, 1955, ss. 9 and 13-B -A divorce got through the panchayat as per the local customs of a particular community will not be recognised by any court of law. A divorce, in order to be legalised, mandatorily requires a judicial decree from a court of law and nothing less would do. Dissolution of marriage through panchayat as per custom prevailing in that area and in that community permitted cannot be a ground for granting divorce under Section 13 of the Act, 1955. HC has rightly held that dissolution of marriage through Panchayat as per custom prevailing in that area and in that community permitted cannot be a ground for granting divorce u/s. 13 of the Act, 1955 - Moreover, in case the appellant wanted a decree on the basis of customary dissolution of marriage through Panchayat, he would not have filed a petition u/s. 13 of the Act, 1955 - Filing this petition itself means that none of the parties was of the view that the divorce granted by the Panchayat was legal - No reason to interfere with the well-reasoned judgment of the HC - Appeal dismissed
No, it is not possible.
1..marriage can be dissolved only by the decree of divorce.
2.No amount of agreement can break the amrriage.So the so called ' divorce' on syampo paper is nothing but a toilet paper.
3.Your divorce would be considered from the date when the court passed the order i.e31.3.2014.
Once a decree was passed it final unless and until it is revoked . In your case Rs 100 stamp paper agreement for divorce has no validity. The contents in the divorce application is important in your case. According to the application for divorce the court passed a valid decree . So the decree is valid only from the decreed date.
The effective date of divorce shall be the date of decree as pronounced by court and not from the date your separation.
If date separation is to be taken into consideration there there was no need to apply for divorce through court of law.
A marriage can be dissolved only through a decree passed by the court. This stamp paper divorce has no validity in the eyes of law. Hence, the marriage came to be dissolved only from the date of decree.
Is it possible to get a backdated decree before 2009.
no, because according to order 20 of the cpc the court has power to prepare decree after giving judgment and every decree shall follow the judgment. if you want to get back dated decree then you must have some back dated judgment. pronouncing of judgment is prerogative of court and you cannot interfere in it.
