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Is notarized divorce valid in india ?


17-Jul-2024 (In Divorce Law)
i received a notary divorce papers by my wife and it has only supreme court advocate seal and only her signature on it stating from now we are free and not husband wife and if anyone one interferes in her remarriage court will reject it.is this valid for her to remarry in court again? will the court get her remarried again with a notary divorce paper?is it valid?
Answers (5)

Answer #1
716 votes
No its a totally wrong concept, if there is a marriage ,in no case notary divorce by your wife and it has only supreme court advocate seal and only her signature on it stating from now you are free and not husband wife and if anyone interferes in your wife's remarriage court will reject...the divorce must get from the competent court of Law.
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Advocate Hirak Sinha

Adv. Hirak Sinha

LawRato Kolkata | 25+ Answers
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Answer #2
537 votes
No, a marriage solemnized under Indian Hindu rights and rituals or under Hindu Marriage Act or Special Marriage Act can not be dissolved by a single agreement on Stamp Paper by notarized. As per Indian Laws, a marriage can be dissolved only through a decree from a Family Court (having valid jurisdiction to pass that decree) or District Court. If both parties are agreed for a divorce then a petition is required to be filed for mutual consent in Family Court. Either party can file a Divorce Suit on contest to service notice on other party.
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Advocate Minansu Bhadra

Adv. Minansu Bhadra

LawRatoKolkata | 25+ Answers
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Answer #3
585 votes
No it is absolute a document which is of no use; let your wife get married without divorce keep a track of it, you can accuse of her under bigamy for which imprisonment is 7 to 10 years. As well as you will be able to prove the court with evidences you gather.
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Advocate Aveek Bose

Adv. Aveek Bose

LawRatoKolkata | 1000+ Answers
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Answer #4
727 votes
The answer is No. Notary has no power to adjudicate any suit. Only the District Judges' court and Justice of High Courts can hear/adjudicate Divorce suits. Notary is not a Judge at all. If you wish, you can file criminal case against those persons who are the signatory of that purported document for cheating etc. Contact with a lawyer who will guide you in proper way.
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Advocate Aniket Joardar

Adv. Aniket Joardar

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Answer #5
858 votes
Dear Sir, Notary divorce is invalid as per law. Secondly, for a divorce to be complete,both of your presence and signature and above all the order of a competent court is required. please call for further queries.
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Advocate Indrani Gupta

Adv. Indrani Gupta

LawRatoKolkata | 25+ Answers
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