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 in a stamp paper duly notarized by a notary public with witnesses on either side. The child will be under the custody of the husband and no rights will be entertained by the wife.
My query is :Can one do the above act through a notary public and is the stamp paper duly notarized by a notary public an acceptable document under Indian Laws 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 court document that spells the verdict??
Pls anwser.
2 Answers from Attorneys
No. This is not legal process under Hindu Law unless there is practice in you community to give customary divorce and recognised as per customs & tradition
In future other party can create the problem
You should apply for a divorce from the appropriate court of law. If the marriage is dissolved by the court by a divorce decree, and you marry again, you may be guilty of bigamy which is a criminal offence.
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