• Re-marriage based on notarized document of divorce

I am a divorcee from Mumbai and have a valid Divorce Decree from Bandra Court, Mumbai. I intend to marry a girl from Ahmadabad, Gujarat who is also a divorcee but has made a mutual divorce agreement 3 years ago on Rs.100/- stamp paper by the advice of their advocates and notarized it through public Notary.

Her X husband has already married 3 years ago and has a 2 years old son now. Can the girl re marry in front of the magistrate by providing notarized document in lieu of divorce decree. 

The girls family don't want to approach her X husband and his family to apply for decree now for fears better known to them. Her advocate says she can get married in front of the Magistrate in Ahmadabad  and later we can get marriage certificate as well from Ahmadabad Municipal Corporation. 

Since her X husband is already settled now. Can he create any problems for us in the future. 

All parties are of Hindu Religion and Sindhi Caste.

Does the magistrate of Ahmadabad have such powers to solemnize the marriage. 

I presume the girls lawyer will grease the palms of the magistrate and get things done. 

Will i face any difficulties later on after getting Proper Marriage Certificate made from Gujarat.

Pls advise
Asked 2 years ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
1. Does the agreement in the hand of this girl have a decree of divorce bearing the stamp of the court annexed with it? If not, then the girl continues to remain married.

2. Spouses cannot terminate their marriage by entering into an agreement. Only the court can grant divorce.

3. The agreement in her possession is waste paper.

4. The remarriage of her husband attracts the offence of bigamy. 

5. If you marry her before she gets divorce you will be guilty of bigamy if her husband prosecutes you. Your marriage will be illegal.

6. You have a wrong impression of the courts. Magistrate cannot solemnize the marriage.

7. Ask her to obtain divorce through mutual consent from the court before you marry her.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. Alas, after so many years of practice I have never come across this type of method whereby one can get divorce one sided manner on the basis of notarised document. it appears the advocate refers some provision of law which is applicable in Ahmedabad which is not.
2. I may inform that by the means stated above no divorce can happen and meee fact of remarriage by the husband of the lady gives no legal standing to her to remarry without divorce.
3. In other words, without getting decree of divorce marriage with this lady may land you in jail and hence I can not recommend you to go for this unless she manages to obtain decree of divorce which requires joint application from bo0th of them in the competent court of law in which notarised document has no role to play.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. Whether he comes to create problem or not can be answered only by the Almighty but his marriage does not legalise if the girl marries you.
2. Remarriage by one spouse without decree of divorce does not entitle the other suse  to remarry. It will be bigamy anyway.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Hi, No divorce is valid until and unless divorce and decree passed by the competent court.

2. Divorce taken place in Rupees 100 stamp paper and it was notarized is not valid and it can not be called as divorce at all.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) mutual divorce agreement on Rs 100 stamp paper has no sanctity in eyes of law . 

2) the irl has to obatin divorce decree form family court to remarry you . 

3) the girl can in fact file case of bigamy against her first husband 

4) we do not advice you to marry the girl unless divorce decree is passed by court 

5) girl cannot remarry in presence of magistrate on basis of notarised stamp paper agreement of divorce
Ajay Sethi
Advocate, Mumbai
23354 Answers
1222 Consultations
5.0 on 5.0
1) please take note that marriage solemnised during subsistence of earlier marriage is null and void 

2) it is immaterial whether first husband takes any legal proceedings against wife or not
Ajay Sethi
Advocate, Mumbai
23354 Answers
1222 Consultations
5.0 on 5.0
Hello,

1) The agreement by which the supposed divorce was organised is a sheer waste and has no legal validity in the eye of the law. Being married Hindus only a court can sanction and decree a divorce.

 2) For your information there is no marriage that happens in front of a Magistrate. 

3) You may have heard of the term ' court marriage'. The concept itself is incorrect as no marriage takes place in courts. Registered marriages take place before a Registrar of Marriages which popularly came to be referred to as 'court marriage.

4) The lady needs to obtain a decree of divorce from the competent court before you can legally marry her.

5) If you go ahead with marriage now besides your marriage being illegal you will run into legal complications that can bring about prosecution against you.
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0
Hello,

1) Regardless of the fact that the man is guilty of bigamy and assuming he would not raise the issue of bigamy against you your marriage is going to be illegal.I hope you want that to be the last thing to happen to you.I don't see why he would not be ready for a mutually consented divorce as it will have no impact on his current life.

2) Yes you will be held guilty as you are marrying a woman who is a married woman legally. You can also be held guilty of adultery if you have sexual relations with her as it will be considered as having such relations with woman whom you know as married.
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0
Re. Mahendra Nath Yadav Vs Sheela Devi (Supreme Court of India)

Held:  Hindu Marriage Act, 1955, ss. 9 and 13-B -A divorce got through the panchayat as per the local customs of a particular community will not be recognised by any court of law. A divorce, in order to be legalised, mandatorily requires a judicial decree from a court of law and nothing less would do. Dissolution of marriage through panchayat as per custom prevailing in that area and in that community permitted cannot be a ground for granting divorce under Section 13 of the Act, 1955. HC has rightly held that dissolution of marriage through Panchayat as per custom prevailing in that area and in that community permitted cannot be a ground for granting divorce u/s. 13 of the Act, 1955 - Moreover, in case the appellant wanted a decree on the basis of customary dissolution of marriage through Panchayat, he would not have filed a petition u/s. 13 of the Act, 1955 - Filing this petition itself means that none of the parties was of the view that the divorce granted by the Panchayat was legal - No reason to interfere with the well-reasoned judgment of the HC - Appeal dismissed
Ajay Sethi
Advocate, Mumbai
23354 Answers
1222 Consultations
5.0 on 5.0
1. Whether he will come forward to prosecute you or not cannot be predicted by me, albeit he has the right to prosecute you regardless of his own criminality.

2. You can land up in jail for a prison term of 7 years.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Dear Querist
divorce on stamp paper has no value in the eyes of law, as per Hindu law the divorce decree issued by the court is mandatory for dissolution of Marriage. without getting divorce she can not legally marry with you. in future there may be some nuisance created by her husband and your marriage will also not be legal either solemnized before magistrate or not it is immaterial.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1. The girl you are going to marry is still the wife of some one since she has not yet obtained the decree of divorce from the Court,

2. Your fiancee can file a case against her husband bringing the charge of bigamy which will surely send him to jail,

3. Divorce obtain by executing an agreement on stamp paper is of no value,

4. If you marry your financee, then her husband can bring charge against you of bigamy for which you will be sent behind the bars,

5. Only option to solve the problem before both of you is to talk to her husband and file a MCD application to get the divorce after 6 months,

6. Marriage is not solemnised before Magistrate,

7. Contact a marriage Registrar.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. If he files a bigamy complaint against you then your fiancee also can file the same complaint against him,

2. The above situation does not and will not make your second marriage with your undivorced fiancee legal and valid,

3. Your children will not be treated as legitimate legally in future.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0

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