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Can divorce be taken on stamp paper by mutual consent and remarry?
02-Oct-2023 (In Divorce Law)
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.
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.
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Mauleen Marfatia
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Adv. Mauleen Marfatia
Ahmedabad | 100+ Answers
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(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.
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