Can divorce taken through notary be challenged
13-Jun-2023 (In Divorce Law)
My wife put Domestic violence case on me and now get maintainance from me. This was my second marriage. I hace decree from rajkot court. My wife also had second marriage. But she take devorce through notary. Can I challenge her for devorce? I am Hindu bramhin.
Hi,
Your second Marriage was not valid it’s void as she was not divorced on the date of marriage as divorce on notary papers is not a valid divorce.
You can file a petition for nullification of your second marriage
Your second Marriage was not valid it’s void as she was not divorced on the date of marriage as divorce on notary papers is not a valid divorce.
You can file a petition for nullification of your second marriage
In your case you cannot challenge her divorce. If you will do that she is not your legally weded wife and her ex husband may file case of adultry against you. Thus my i suggest not to challenge her notarized divorce deed. You may settle the matter via mediation.
you can challenge the divorce on stamp paper notarized before the notary if you can prove that no such custom prevails in your community. or you can also challenge on the ground that you were under force or pressure
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