Mutual divorce on stamp paper before notary is valid?
Mutual divorce on stamp paper before notary is valid or not? We didn't apply in court, we made it on 100 Rs. Stamp paper so my question is is it valid divorce? If not can i challenge in court?
Divorce by notary is not admissible in court.
In the case of 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 recognized by any court of law. A divorce, in order to be legalized, mandatory 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.
High Court 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 High Court.
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