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Is India Non Judicial e-Stamp divorce legally valid?


09-Apr-2024 (In Divorce Law)
Hi, i want to know as per Indian Law for Hindu, is India Non Judicial e-Stamp divorce legally valid? it is mutually signed and agreed by both husband and wife. Description of document is - Article 27 Divorce Deed, notarized by advocate in Rajasthan. i want to know if this is legally valid divorce?
Answers (3)

Answer #1
797 votes
If you are legally married Under the Hindu marriage act Following any tradition in which Hindu getting marriages in different regions followed by different customs then that marriage even though it is not registered under Hindu marriage act that marriage is valid and for dissolution of that marriage only through legally not through any other measures like affidavit and deed on stamp paper or without a stem paper all are invalid .
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Answer #2
815 votes
Dear Sir,

Unless you have not got legal divorce from Court you cannot get into a deed under Article 27 on non judicial e-stamp paper. Without Court decree of divorce either mutual or contesting is invalid as for as my knowledge is concerned. Anyway you may check local laws with local Advocate and update yourself.
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Answer #3
560 votes
please see under the Hindu marriage act both husband and wife have to file a mutual consent Divorce petition in court, the divorce deed executed and notarized is invalid and even the notary is prohibited to notarise such deeds, and hence you both have to file mutual consent divorce petition under section 13 B of Hindu marriage act and get a divorce decree from court. There is no law in Hindus where they can get divorced without approaching court and if they have executed any such documents it's not valid in eyes of law.
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