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.


Asked on 6/16/10, 1:45 am

2 Answers from Attorneys

Pravin Vaidya Independent

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

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Answered on 6/16/10, 9:54 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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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Answered on 6/21/10, 5:33 am


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