Mutual divorce on stamp paper before notary is valid?

01-May-2015 (In Divorce Law)

Mutual divorce on stamp paper before notary is valid or not? We didn't apply in court, we made it on 100 Rs. Stamp paper so my question is is it valid divorce? If not can i challenge in court?

Answers (1)

Answer #1
148 votes

Divorce by notary is not admissible in court.Power to grant divorce lies only with the court for which a petition has to be filed.The proper manner to get mutually separated is as per Section 13 B of the Hindu marriage act.

Section 13B of the Act states that the parties can jointly move a petition for dissolution of marriage by a decree of divorce in the District Court on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

The Court shall then record the joint statement of the Parties and pass a First Motion Order giving time of 6 month to the parties to resolve their dispute, however in case the parties are unable to resolve the issues within the stipulated time, the Court shall pass a decree of Divorce. 

In the case of Mahendra Nath Yadav Vs Sheela Devi, the Supreme Court of India held that as per Hindu Marriage Act, 1955 - A divorce got through the panchayat as per the local customs of a particular community will not be recognized by any court of law. A divorce, in order to be legalized, mandatory requires a judicial decree from a court of law and nothing less would do. 

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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 and has been responded by one of the Divorce Lawyers at to address the specific facts and details.

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