• Mutual divorce on stamp paper before notary is valid or not

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 ?
Asked 2 years ago in Family Law from Surat, Gujarat
Religion: Hindu
it is not valid, has no value in eyes of law
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Divorce by notary is not admissible in  court 

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
23328 Answers
1220 Consultations
5.0 on 5.0
1. It is not valid and it has no legal value,

2. File a MCD petition to get the decree of divorce properly.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Dear Querist
divorce in front of notary is not valid 0nly court may pass a decree of divorce u/s 13 B of HMA
13B Divorce by mutual consent. ?
(1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnised before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976)*, 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.
(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnised and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.]
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Bilkul aapka right hai agar aap apni wife ko lana chahte ho to sec 9 me mukdma daal sakte ho.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
haanji aap application kar sakhte ho court me for RCR .
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
thanks ji for your appreciation . aap family court surat me jaaye udhar pata lagayen
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
aap apni biwi ko force nahio kar sakhte wapas aane ke liye . RCR decree hone ke baad bhi nahi . haan agar aap ki biwi wapas nahi aati tau aap divorce ke liye file jar sakhte hain
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
query is resolved
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0

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