Legal Question in Family Law in India

Re: Validity of Divorcedeed

Mutual consent divorce deed is not legal. You have to file a joint petition for mutual divorce in the court having jurisidiction, and after waiting for a period of six months the court shall grant a decree of divorce. Any deed executed before a Notary is not valid.Rajendra Babbar, Advocate.

Re: Validity of Divorcedeed

The first and primary fact remains, whether there is a custom in your sect to divorce in such a manner, otherwise the law says that you need to get a divorce decree from court only. As regards the power to notary, its not so. Any deed or agreement executed requires witness to it under law. For further clarification, contact me on [email protected] or mobile no. 9811062868, 9868268302.

Re: Validity of Divorcedeed

As per the Hindu Marriage Act and the Special Marriage Act no person can divorce his / her spouse without going to the court, even if the custom of the parties permit the divorce by a divorce deed.

As per the facts of your query it will be best for you to file a divorce petition on mutual consent. According to section 13B of the Hindu Marriage Act and section 28 of the Special Marriage Act a couple can file an application for divorce by mutual consent, in a Family Court, after they have stayed separately for a period of at least one year, stating the fact in their application that they have not stayed together, as husband and wife, for a period of one year or upwards. After filing the application you have to go to court again within a period of six to eighteen months from the date of the original application to get your divorce. The court will look into the possibility of reconciliation between the parties. After considering the facts and any possibility of reconciliation, the court may grant you a divorce.

A Notary/Executive Magistrate has no power to grant a divorce, as for a divorce the intervention of a court is a must. However a marriage can be registered by the collector of a District under the Special Marriage Act and he can also register a marriage performed as per Hindu rites and grant a certificate of marriage, which is a proof of the marriage.

Re: Validity of Divorcedeed

As required under the law you need to go to a competent court and obtain divorce, it may be with or without consent. Notary or for that any person other then Competent Court no body has power to grant divorce, custom cannot override the law.

Re: Validity of Divorcedeed

It is not known about the religion. However, notary public nor the magistrate cannot grant divorce. For getting a divorce one has to apply before the competent court of law (Family Courts) otherwise it is invalid.