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Is notarized divorce valid in india ?


17-Jul-2024 (In Divorce Law)
in 2012 me and my wife mutually decided to get separated. we got a notary paper made and signed that paper and agreed for divorce. I am married to another woman now, and my previous wife has also remarried. My question is divorce on notary paper is valid or not ?
Answers (6)

Answer #1
112 votes

In India, a notarized divorce is not legally valid for ending a marriage. Only a Family Court or District Court has the authority to grant a divorce through a proper legal process. This means that a notarized document such as a divorce affidavit or mutual agreement does not amount to a legal divorce.

To legally dissolve a marriage, couples must go through the court system, either by filing for:

  • Mutual consent divorce under Section 13B of the Hindu Marriage Act (or equivalent provisions under other personal laws), or

  • Contested divorce, where one spouse files against the other on specific legal grounds.

Without a divorce decree issued by the court, the marriage remains legally valid, regardless of any notarized documents. These documents may serve as evidence of intent or agreement, but they do not hold the legal power to dissolve the marriage.

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Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

LawRatoDelhi | 200+ Answers
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Answer #2
559 votes
The only way to get divorce is by filing divorce petition in family court,however consent term can be written and notarised but only that paper is not enough for divorce. Judgement and decree of court is compulsory for marriage be dissolved.
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Advocate Shashi Chaturvedi

Adv. Shashi Chaturvedi

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Answer #3
891 votes
Hi The divorce paper made by notary is not permissible in law therefore it cannot be said that you have divorce your wife legally. Validity of that document is very negligible if it is called for evidence in the court.
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Advocate Rohit Shaligram

Adv. Rohit Shaligram

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Answer #4
548 votes
Dear client only court has power to grant divorce so yr notary divorce is not legal. U both can file mutual divorce in court and will get divorce in six months. For any legal help call me Adv Prasad Patil Pune
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Answer #5
786 votes
Hi Divorce on notary paper is not valid , both of you can file a Petition for mutual consent divorce which will be granted after six months . Hence the second marriage by both of you is not valid till the dissolution of first marriage legally by a Divorce Decree by Family Court.
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Advocate Shalini Devi

Adv. Shalini Devi

LawRatoMumbai | 400+ Answers
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Answer #6
595 votes
Dear client, Any mutual divorce on stamp paper rs 100 notary is not valid in the eyes of law. It's necessary to go for mutual consent petition before family court and get decree passed. This query is based on limited facts .
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Advocate Chaitanya Torgal

Adv. Chaitanya Torgal

LawRatoMumbai | 25+ Answers
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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 lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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