• Validation of marriage

By assuming NOTARIZED divorce as a LEGAL one, I have married one woman(who got notarized divorce from her first husband) and living with her since last 14 years.  BY NOW my employer came to know this fact and they communicated me that NOTARIZED DIVORCE are not a LEGAL as per HMA.  In this regard, your kind CONSENT is truly solicited so that my problem can be solved.
It is also pertinent to mention here that my wife's first husband had also married another lady - after giving NOTARIZED DIVORCE - who is also taken such type of divorce from her first husband.

Is there any way BECAUSE my wife intends to with her first husband where her SON is living
Asked 8 months ago in Family Law from Ahmedabad, Gujarat
Religion: Hindu
1) notarised divorce is not valid 

2) divorce decree has to be pronounced by court to be valid among hindus 

3) 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
23386 Answers
1229 Consultations
5.0 on 5.0
Yes, notarised divorce has no force of law or the same is non est in the eye of law.
You have done a great mistake of marrying this lady without getting decree of divorce from court of law.
Since without divorce decree you have married here you can be criminally prosecuted under charges of bigamy by her first husband.
The subsequent marriage of her first husband does not improve the case either.
So if you want relief then get your wife obtain divorce from her first husband fast.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Since you are in live in relationship with your wife since 14 years, it is a deemed marriage in the eye of law.  Hence need not worry.  You can approach the court and get your marriage valid.  The court considers your request.  Once your marriage is validated, your wife will be legally bounded.  If she goes with her first husband, you can file adultery and cheating case on her.  
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
4.9 on 5.0
Hello,
1) The divorce obtained with a notarized document has no validity before the eye of the law and therefore the first marriage in either cases subsists and your marriage is not legal

2) The practical and legal solution to the current impasse if the parties involved are consenting, is to file for divorce by mutual consent whereby a decree of divorce can be obtained from the court legally ending the marriage.

3) The fact is that you need to get married agin in some acceptable form(ritual) or register your marriage to get your marriage validated legally.
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0
Divorce can be valid only if there is any custom or tradition otherwise the marriage is void.

Marriage can be declare null and void under section 11 &12 of hindu marriage act-1955

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1. Neither your notarised divorce nor your marriage with the second lady is valid in the eyes of law,

2. Your first wife is still your only wife legally,

3. To regularise the errors, both you and your second lady should apply for mutual consent divorce duly taking signatures on the petitions by your wife and her husband,

4. Once both of you get the decree of divorce from your first marriage, you two can remarry each other and after that you will called husband and wife legally. 

Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Hi, As per law Notarized Divorce is not valid in the eyes of the law. If the divorce is obtained in the court of law then only it is valid.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Your employer is right. Your supposed wife has committed the offence of bigamy which you have abetted. Your marriage is illegal. Your wife is free to return to her husband. 
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
file a declaratory suit under section 34 of the specific act for declaration of divorce from first husband on the ground of notorised divorce agreement. make her ex husband a party and court will pass order of declaration on the statement of parties and notorised divorced agreement. that declaration is valid legal document. 
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0
1) you can file petition before family court for declaration that marriage is null and void as wife had contracted second marriage without obtaining divorce from her first husband 

2) under section 5 ( 1)of hindu Marriage act  for valid marriage it is necessary 
(i) Neither party has a spouse living at the time of the marriage;

3) obtain court orders for declaration that second marriage is null and void . wife can stay with her first husband 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
She is free to cohabit with him as both are husband and wife. She may claim right to residence in dv proceedings if this right is denied to her.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
1. Your second lady can stay with her husband (from whom she had availed notarized divorce) legally as per her right,

2.Her husband can not stay with the other lady which will be illegal act of adultery on her part.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
A notarised divorce is nothing but just a divorce deed which is not valid in the eyes of law. 
However since it is your ignorance, ignorance of law cannot be claimed as excuse, but on the basis of a settled law in Bombay high court on the similar lines, she can even now apply for divorce on mutual consent grounds with her first husband seeking dissolution o her first marriage by a decree o divorce through court of law.  Based on the existing divorce deed and owing to her present situation she can apply for waiving the 6 months cooling off period too and can get the divorce immediately with a mention about the existing notarised divorce deed. 
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0
My wife now intends to go to the shelters of her first husband (who is also married with a lady where this
lady has also took NOTARIZED DIVORCE from her husband). Is there any legalized way so that my wife 
can safely go to the house of her first husband to live with her son WITHOUT ANY HASSLES THEREOF.

Since her marriage with her first husband wa not legally dissolved and as per law she is still his legally wedded wife, she can very well rejoin him without any problem, there can be no legal hassles or issue on this. 
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0