Legal Question in Appeals and Writs in India
sir if I dont want to file any court case can I write my divorce statements in a stamp paper . will it be accept?
2 Answers from Attorneys
1) No. Writing on stamp paper is not a Divorce.
2) You hv to obtain Devorce Decree from the court only. Otherwise u will be charged with adultery, a criminal offence.
Sir
The answer depends upon the question that "WHAT IS YOUR CAST / COMMUNITY "
The law provides an exception. Where any cast or community provides a customary mode of divorce, then such divorce is permissible in such customary mode.
In Gujarat, Patel Community is accepted community where such stamp paper divorce are permissible and accepted.
In Muslim law also, Shariya is applicable, where they take divorce as per their customs.
There are judgments of the Court to that effect.
SO, after you provide me the details, i can advise you whether such divorce on stamp paper are valid or not.
Feel free to contact me should you have any questions. You can also write on my website if you have any further query.
Regards
Vivek N Mapara
www.vnmlaws.com
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