Legal Question in Family Law in India
I am going to marry a girl who is divorced and who has got a child. She is divorced from her husband by signing in a stamp paper duly notarized by a notary public with witnesses on either side in front of the town panchayat at Coimbatore. Both wife and husband have signed the divorce decree/ document by mutual consent in the Rs 50/ = stamp paper. The child will be under the custody of the husband and no rights will be entertained by the wife.
My query is :Is the above divorce case through a Notary Public / town Panchayat duly notarized by a notary public an acceptable document under Indian Law with out going through the legal process in a court of law? Will there be any problems in the future for not having an authorised divorce court document ?
Pls answer.
2 Answers from Attorneys
the divorce is not a valid divorce in law
If girl & her husband both are Hindu & not governed by customary divorce in the community then the divorce is not a valid divorce in law