Legal Question in Family Law in India

Respected Advocates/Counselors

I got married to a lady in Gurudwara in MP, India in March 2004 and she was earlier married in June 2003. She, left her husband in August 2003 and got divorced through a notary agreement on stamped paper on mutual consent.

Whereas I had a clear decree of divorce from my former marriage from the High Court. We later obtained marriage certificate in June 2004. This marriage certificate was procured on her pressure and showed her unmarried which was signed by me and her, her sister, her mediator( match maker) as their witness.

We thereafter never had good compatible relations and were almost in estranged relationship throughout and now I am living separately for the last one year. I am advised by this forum that this marriage is void- ab -initio.

My void wife and her brothers are approaching me through powerful social mediators( using even my relatives to their favour) to end the relationship ( which I too want to end it ) and what I guess they would go for ending the relationship / divorce or nullity through notarised stamp paper agreement again ( as being usual practice).

Those social mediators are in the regular customary habit of effecting mutual consent divorces of the two dissenting parties through mediation and affirming, proclaiming and endorsing it with the sindhi community panchayat decisions and then getting it notarized. If I resist and say to them MCD/nullity cannot be done on stamp paper, they scoff and mock at me for my ignorance and little knowledge about the powers of community Panchayat and they are so habitual in rendering the customary divorce patterns of the parties they handle and say it is all legal on their part. It is really very common practice on their part in the community to get divorces through panchayat which they hold as good as legal system, endorse them , give witnesses, and then go for notarisation. I prefer filing petition under sec11 in the Court which mediators unitedly will discourage and say that the court proceedings will take a long time and will attract counter cases/litigations from both ends to further complicate and entangle the whole issue such as DVA etc.

I will appreciate if you suggest me how to handle them legally and procure a declaration/decree of nullity as I will be alone before those social mediators who are inducted by my void- in-laws and would support them under influence and their mutual interests.

Should I enter such ending of relationship through notary and file the same later as a supporting evidence /proof in Court u/s sec11 for getting nullity ( I will seek their commitment and ask them to mention their status of her earlier marriage as divorced/separated/broken relationship) . But in notary agreement it is usually committed by both parties that neither party would bring the matter to court for litigation after entering into this kind of agreement thereafter.

Pl advise.

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