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Discussion > Family Law > Divorce > Legal Divorce papers for SC   Unanswered Threads Post New Topic

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There are 17 Replies to this message


Atmik


SMTS
[ Scorecard : 29]
Posted On 28 February 2011 at 14:32 Report Abuse

Hi,

I belong to Scheduled Caste ( Hindu-Vankar) in Gujarat State.

I got married as per caste laws in Surat ( Girl's home town) in Nov 2003. After staying together for 3 months we divorced mutually in May-2009 as per caste laws in presence of Caste Panchayat. The papers are signed on 100 Rs. stamp paper and the copy is notorised.

I recently applied for passport renewal and I am told by officer there that I need to get it stamped by Sub-registrar.

Subsequently I am told by a lawyer that in Hindu-Vankar ( Scheduled caste) it is not required to get it signed by sub-registrar. There is a clause that legalizes divorce on stamp paper.

Is it TRUE that I do not have to get it signed/stamped by sub registrar?
What is the clause that makes the divorce on stamp paper legal?

Thanks in advance for your help.



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Jamai Of Law


propra
[ Scorecard : 2118]
Posted On 28 February 2011 at 14:37 Report Abuse

Divorce in not valid.



ADV Rajesh KASRIJA


ADVOCATE
[ Scorecard : 401]
Posted On 28 February 2011 at 20:51 Report Abuse

Divorce in not valid.



Total thanks : 1 times


Avnish Kaur


Consultant
[ Scorecard : 3080]
Posted On 28 February 2011 at 22:35 Report Abuse

sc kya indian laws se cover nahi hote?

such a divorce is not valid , be it any caste.

u can marry as per any community customs , but to get a legal divorce , u need to go to court.



Tajobsindia


Senior Partner
[ Scorecard : 19384]
Posted On 01 March 2011 at 01:51 Report Abuse

@ Author

1.
Khap (read as customary) divorce taken by parties are not valid before the eyes of Law !

Reasoning:

Read at leisure Re. Mahendra Nath Yadav Vs Sheela Devi (Supreme Court of India)

Held:  Hindu Marriage Act, 1955, ss. 9 and 13-B -A divorce got through the panchayat as per the local customs of a particular community will not be recognised by any court of law. A divorce, in order to be legalised, mandatorily requires a judicial decree from a court of law and nothing less would do. Dissolution of marriage through panchayat as per custom prevailing in that area and in that community permitted cannot be a ground for granting divorce under Section 13 of the Act, 1955. HC has rightly held that dissolution of marriage through Panchayat as per custom prevailing in that area and in that community permitted cannot be a ground for granting divorce u/s. 13 of the Act, 1955 - Moreover, in case the appellant wanted a decree on the basis of customary dissolution of marriage through Panchayat, he would not have filed a petition u/s. 13 of the Act, 1955 - Filing this petition itself means that none of the parties was of the view that the divorce granted by the Panchayat was legal - No reason to interfere with the well-reasoned judgment of the HC - Appeal dismissed



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Arup


UNEMPLOYED
[ Scorecard : 11092]
Posted On 01 March 2011 at 07:40 Report Abuse

there is an act the hindu marriage act. it is available in lci as well as net.read  it .

according to that customary divorce subject to prove. a complicated matter. better go for legal divorce.



Total thanks : 1 times


ADV Rajesh KASRIJA


ADVOCATE
[ Scorecard : 401]
Posted On 01 March 2011 at 13:27 Report Abuse



ketan


owner
[ Scorecard : 61]
Posted On 14 April 2012 at 09:25 Report Abuse

SHRI TEJOSBINDIA, according your messga eonly court divorece is legal, but now d days many advocates are getting divorce to clients thru stamp paper and signed in registrar  office.one of my friend ( his first wife expired )  just married girl who is not having divorece from any but only on stamp paper , but within 12 months she left him and now she is black mailing him , and demanding huge money and saying if money will not pay she will file 498a and other cases...here in mysmall city advocate are saying that stamp paper divorce is legal..please help and solve this issue.

Thanks



Total thanks : 1 times


Tajobsindia


Senior Partner
[ Scorecard : 19384]
Posted On 14 April 2012 at 10:54 Report Abuse

@ Ketan


1. I stand by what I said here and Advocates who know family law will stand behind my previous reply too.
2. Those referred Advocates are black apples among our profession. Stamp Paper divorce is in-valid before Law.
3. You / your friend can self - help yourself by; do a ‘local sting’ operation and I feel these referred Advocates might be doing it via Notary and or via Oath Commissioner route. In either illegal case scenarios both referred Notary as well as Oath Commissioner will loose their license as well as will be asked to pay fine along with cancellation of sanad (Bar Council Membership) of these referred Advocates if with attaching “those stamp paper divorce documents” as stated in your message a proper 'complaint' is made before State's High Court Vigilance and or to the State's HC Registrar.
4. Your friend's marriage is not valid. If your friend can properly contest case of his marriage then via Court he can get divorce. Regarding S. 498a IPC he has to face for sometime the ‘music’ till he gets discharge / acquittal.


Sum - total help cometh your way is that your friend needs a lawful following Advocate in that small city. If you can reply next with name of your friend's city then among list of LCI advocates someone good may voluntarily take up case / help your friend's case locally.



Total thanks : 1 times


Amit ---------------


Worker
[ Scorecard : 7575]
Posted On 15 April 2012 at 00:07 Report Abuse

@ Tajobsindia,

4. Your friend's marriage is not valid. If your friend can properly contest case of his marriage then via Court he can get divorce.

 

in this case, divorce is not applicable.

legal & valid marriage is required to get divorce.

 

@ Ketan,

ur friend should file petition u/s 11 of HMA, requesting the court to declare his marriage void.

he needs to hurry up & file the petition ASAP for the following reasons - 

1) if his wife first files any case under HMA, (RCR / Judicial separation) & then ur friend files case u/s 11, his case will be transferred to the court where wife has first filed her case.

2) if he files petition u/s 11 and then his wife files DV / 498a, it will be treated as afterthought.


in this case of void marriage, ur friend even does not need to send a legal notice to the wife.


read the highlighted pts. in the following case :




Total thanks : 1 times



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