Can divorce be taken on stamp paper by mutual consent and remarry?

In the State of Gujarat, in Vankar community, there a time immorial practice of taking/granting divorce by mutual consent, on a paper and/or Stamp Paper. Whether divorce taken by this way, is valid cause for remarriage by either persons to that marriage. Whether it requires any " waiting period" after entering such deed of "Customary Divorce" by couple of that Vankar community. Kindly guide. Thanks in anticipation.

Answers (2)

78 votes

Divorce taken by customs of cast is valid under section 29 of Hindu marriage act " Savings.-(1) A marriage solemnized between Hindus before the commencement of this Act, which is otherwise valid, shall not be deemed to be invalid or ever to have been invalid by reason only of the fact that the parties thereto belonged to the same gotra or pravara or belonged to different religion, castes or sub-divisions of the same caste.
(2) Nothing contained in this Act shall be deemed to affect any right recognised by custom or conferred by any special enactment to obtain the dissolution of a Hindu Marriage, whether solemnized before or after the commencement of this Act.
(3) Nothing contained in this Act shall affect any proceeding under any law for the time being in force for declaring any marriage to be null and void or for annulling or dissolving any marriage or for judicial, separation pending at the commencement of this Act, and any such proceeding may be continued and determined as if this Act had not been passed.
(4) Nothing contained in this Act shall be deemed to effect the provisions contained in the Special Marriage Act, 1954 (43 of 1954), with respect to marriages between Hindus solemnized under that Act, whether before or after the commencement of this Act.
And there is no waiting time in customary divorce but but you have to proved that such kind of divorce valid in vankar cast.
As per Gujarat high court judgment customary divorce is valid.

Divorce with Mutual Consent Service Package by LawRato gets you leading divorce lawyers to handle all the legal proceedings for you and hence you can have a peaceful separation!

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

205 votes

Dear Sir,
Divorce on stamp paper in the state of Gujarat is only valid if both the husband and wife belong to the reserved category. The can be SC/ST and in some cases OBC. The deed of divorce records the resolution passed by the body of elders of the said community. People of the open category have to take divorce decree from the court only.

Best Regards,
Mauleen Marfatia

Popular Divorce Lawyers

Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
34 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
20 years Experience
Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
21 years Experience
Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
21 years Experience
Report abuse?

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at and has been responded by one of the Divorce Lawyers at to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at or contact a Lawyer of your choice to address your query in detail.

Related Questions

" has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Related Articles