Mutual Divorce Settlement Terms

स्टाम्प ड्यूटी

A settlement of this kind — recording alimony, stridhan and custody terms and, at most, an agreement to divide property by later, separate instruments — is chargeable as an Agreement under Article 5, Schedule 1-A to the Indian Stamp Act, 1899 as applicable to Punjab, and under Article 5, Schedule I to that Act as extended to the Union Territory of Chandigarh. Both schedules have been amended by the respective governments in recent years and neither publishes a single easily citable, dated rate for a general agreement; confirm the amount currently chargeable — and whether it differs for a memorandum produced before, or annexed to, a Family Court petition — with a stamp vendor, the Treasury, or the office of the Collector before this Settlement is executed, and buy non-judicial stamp paper of that value or e-stamp it through the Stock Holding Corporation of India Limited (SHCIL, shcilestamp.com), the authorised e-stamping agency for both Punjab and Chandigarh. If this Settlement is instead placed directly on the Family Court's record as part of the petition, ask the filing counter whether court-fee stamping under the Court Fees Act, 1870 as locally applicable is wanted in place of, or in addition to, Article 5 stamping.

रजिस्ट्री

Not compulsorily registrable under section 17 of the Registration Act, 1908 as drafted here, because it does not itself create, assign or extinguish a right, title or interest of value in immovable property — clause 4 requires any such transfer to be made by a separate instrument. Where the parties do want this Settlement itself registered for the extra evidentiary weight that gives it, it may be presented as a Book 4 miscellaneous document at the office of the Sub-Registrar of the tehsil in Punjab, or the Sub-Registrar, Union Territory of Chandigarh at 30 Bays Building, on payment of the registration fee prescribed for that book. Where this Settlement is instead annexed to and taken on the Family Court's record with the mutual-consent petition, the court file becomes its own record and separate registration is not usually necessary.

नोटरी

Not compulsory, but both spouses should sign in the presence of, and have their signatures attested by, a Notary Public or an Oath Commissioner, particularly where the Settlement will be relied on later or annexed to the petition — a Family Court commonly also expects each spouse to swear a short supporting affidavit confirming this Settlement was entered into voluntarily, which is a separate document this template does not draft.

गवाह

The Indian Contract Act, 1872 does not require attesting witnesses for an agreement of this kind, but Family Court practice, and prudence given what is at stake, calls for two witnesses who are not related to either Party. Both Parties and the witnesses should sign the same copy at the same sitting where practicable.