Is it valid to get divorced on notarized documents
17-Aug-2023 (In Divorce Law)
I have a notarized divorce agreement from my ex husband stating that he would not claim for 5 year old girl. Its now two years since then. Last year i got married and shifted to dubai. To get my daughters visa, i would need her custody papers from court so asked my husband for mutual consent divorce,custody and sole guardianship. He is now married too. When called him, he rejects to do so..recently discovered that my marriage will be then be invalid too.what to do??
Madam,
You shall have to file an application for divorce under the family courts act. It would be better if your ex husband is agreeable otherwise it raises a problem for him because hindu law does not recognise divorce based on notarised agreement or deed of divorce.
You shall have to file an application for divorce under the family courts act. It would be better if your ex husband is agreeable otherwise it raises a problem for him because hindu law does not recognise divorce based on notarised agreement or deed of divorce.
No you have to apply for decree of family court.You should apply for Decree of divorce from family court and submit your notarised divorce deed stating that your divorce is as per the custom. After receiving summons of court if your husband doesn't come. Pray for ex party decree.
Hi,
Notarized Divorce is No Divorce
tell you husband that both of you can be punished by law , so better get a divorce by way of mutual consent .
So long as such a divorce has not be obtained, the previous marriage subsists and, therefore, the second marriage cannot be contracted by the Hindu so long his spouse is living. Section 5 of the HMA provides that the marriage may be solemnized between any two Hindu's , if neither party has the spouse living at the time of the marriage
Second marriage, during the subsistence of the first marriage, is illegal in India and criminal complaint can be filled u/s 494 in The Indian Penal Code
494. Marrying again during lifetime of husband or wife.—Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
(Exception) —This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.
Thanks
Notarized Divorce is No Divorce
tell you husband that both of you can be punished by law , so better get a divorce by way of mutual consent .
So long as such a divorce has not be obtained, the previous marriage subsists and, therefore, the second marriage cannot be contracted by the Hindu so long his spouse is living. Section 5 of the HMA provides that the marriage may be solemnized between any two Hindu's , if neither party has the spouse living at the time of the marriage
Second marriage, during the subsistence of the first marriage, is illegal in India and criminal complaint can be filled u/s 494 in The Indian Penal Code
494. Marrying again during lifetime of husband or wife.—Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
(Exception) —This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.
Thanks
Now where is your daughter and with whom she is staying?
And Whats her age?
And where it concern to the consent marriage and he is refusing then his marriage will also be void.
on the basis of your notarized agreement you can file divorce petition but with consultation with your advocate.
And Whats her age?
And where it concern to the consent marriage and he is refusing then his marriage will also be void.
on the basis of your notarized agreement you can file divorce petition but with consultation with your advocate.
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