Dear Client,
The divorce paper made by a notary is not permissible in law therefore it cannot be said that you have divorced your wife legally. The validity of that document is very negligible if it is called for evidence in the court.
Thank you
Second marriage divorce
Me and my second wife got married in 2014.my first wife expired during pregnancy.my second wife got divorced from her first husband on notary. Now me and my second wife applied for mutual consent divorce under section 13b. Now after 6 months during proceeding judge demands proof of our first marriage. While i have death certificate. But my second wife have notary divorce. Will judge consider the same for grant or application will be rejected. Any refference for rudy pratha where notary divorce accepted. What we both can do if mutual consent divorce application is rejected to get legel decree for separation.
Asked 4 years ago in Family Law
Religion: Hindu
11 Answers
It's difficult to get divorce on the ground of notary divorce of first wife. You need a proper divorce decree to get married and also to get divorce
Your application would be rejected
2) notary divorce is not valid
3) second marriage by your spouse was performed during subsistence of earlier marriage
4) she has to file for divorce from her first husband
5) you have to file petition for declaration that marriage is nullity as performed during subsistence of earlier marriage
Your second wife's previous marriage was not dissolved by the order of a competent court. Therefore, it is not valid in law. On that ground your second marriage with her (who was not legally divorced) is invalid, as she had a husband living at that time.
your second marriage with your second wife is not legally recognized as your second wife's first marriage is not dissolved legally. so the petition filed by you for mutual divorce is not maintainable as your marriage is not legally valid. you both can live separately upon your mutual terms and there is no need to apply for divorce as your second marriage is not legally recognized.
The divorce obtained by your second wife is not legally valid and as per law she still remains the wife of her previous marriage becasue her divorce decree was not obtained through court of law, instead it was on the basis of an agreement for divorce between them and attested by a notary public, which is not recognised as legally valid.
Therefore the current divorce petition is maintainable because she cannot be considered as your legally wedded wife while her previous marriage still subsists.
The court may dismiss the divorce petition, however you can sigh a relief that there do not exist any legally valid marriage between you and her
- Legally a notary divorce is now allowed under the Hindu Marriage Act.
- Further, if the marriage with her was done as per the Hindu customs after the death of your first wife then she is legal wife., and if marriage proof not available then marriage photograph can be entertained for mutual divorce.
- However , as her divorce was invalid , then legally she is not your wife , and a mutual divorce cannot take place due to not being the relation of husband and wife.
- Hence, in the eye of law , she is only in relationship with you and having no status of a wife.
13B application is rejected by Indore Court. In judgment judge mentioned In one paragraph that case comes under HMA SEC 11 NULL AND VOID MARRIAGE. #Case under sec 11 filed In mumbai in Nov 2017. #In last court ( mumbai)session wife given NOC for Null and void and accepted that she don't have any other documents of divorce other then notary. Objections Raised By Mumbai Judge 1.limitations of Time (case filed in Nov 2017 and marriage done in 2014 and got documents in June 2016 mentioned in statement) 2.You both know about notary divorce then too proceed with marriage and now come to court for decree which is abuse of law. 3.Judge suggested to file for 13B application,which he don't know is rejected by Indore Court (have certified copy of the same now which we got after this session) 4.Judge given date for judgement on exhibition and made mind to reject the appeal. Kindly give suggestions how to counter above objections. Suitable judgements which can be given to satisfy the judge to pass the decree for null and void. Any other suitable suggestions will be appreciated .
Asked 3 years ago
Since this marriage is null and void as per law, the divorce filed now on the grounds of mutual consent grounds or even contested grounds may not be maintainable.
As the marriage is null and void it may not be necessary to obtain a decree from court to declare the same as null and void.
However if the family court is rejecting or dismissing the petition filed before it then you can file a suit for declaration to declare the marriage as null and void on the grounds that are before you. .
It is necessary to peruse order passed by trial court to advice
2) you ought to have filed petition for nullity at the earliest on being aware that wife was not legally divorced
3) if you were aware that wife has done only notary divorce r then you should not have married her
4) number of judgments on issue that second marriage performed during subsistence of earlier marriage is void
Dear Client,
Since, your wife had received a notary divorce which is not valid that means she was still married to her 1st husband when she got married to you. So, your marriage with her is void. It is advised to appeal the higher court for passing a decree of nullity.
Limitation will affect your case
It's not abuse of process of law
Yes you can get CC
You can contest it before trial and appellate court