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Is notary document considered valid for mutual divorce
10-Apr-2023 (In Divorce Law)
I am a Muslim boy and taken mutual divorce outside with paying 13 lakhs to my ex wife...but my advocate give me a notary document which is not valid where I worked..I told my ex wife that I want a court order.but now she was completely ignoring me and saying me that I can't go to court already I have signed in notary document.now what can I do
It's unfortunate that you have been wrongly advised, no mutual consent divorce can be done through notary public affidavit. For a divorce both of you shall have to file a case by filing a written plaint for mutual divorce before the Court of Learned District Judge concerned and you shall have the subsequent date for final hearing after six months thereafter. On that final date both of you shall have to file your affidavit in chief (which is basically the reiteration of the plaint itself), and you shall have to confirm your stand for want of dissolution of marriage on dock and then you get the decree for dissolution of marriage. However, try to let your wife understand that the earlier notary affidavit is inoperative and she herself also can not also tell herself a divorced lady and can not remarry or claim the status of a divorced lady. All the best. Regards
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Adv. Ujjal Kumar Ray
Kolkata | 200+ Answers
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Is a notarized divorce agreement legally binding?
The separation agreement becomes legally binding once both parties have signed it and notarized it. It can then be enforced by the court. The court may enforce the agreement if it is part of a consent agreement as part of your divorce. 05-Mar-2022
Is a notarized agreement valid in court?
Document Notarized
Signed by a Notary, the document is valid. The Notary verifies that the signatures of the signatory and the witnesses are on the document. It may become valid, but it is ineffective as evidence. The law considers it valid for three years. 18-Jul-2023
Can notary argue in court?
A: No, not as a public notary. In India, however, only lawyers are notary publics by law. It is not a bar to him practicing as an advocate. A notary public cannot represent a client unless he is also acting as an advocate.
Is notary divorce legal in India?
It is important to remember that a notary divorce may not be enough for the legal recognition and validity in India. The court will issue a divorce decree based on the agreement between the parties. 12-Jun-2023
Respected Sir,
Considering it to be a very special case, i would request you to connect with the AIMPLB local District nodal officer whose reference can be got from the Collector's office. His decision would have weightage.
Best
Considering it to be a very special case, i would request you to connect with the AIMPLB local District nodal officer whose reference can be got from the Collector's office. His decision would have weightage.
Best
Helpful?
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Adv. Abhishek Mukherjee
Ahmedabad | 100+ Answers
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