Is the notary valid punishmet for notary
GANGAM.RAJENDER.
(Querist) 22 March 2012
This query is : Resolved
sir my name is krishna. i married one sc women.since 8 years we are enjoying our family life very well .some small disputes are arised .unfortunately one friend (rama)of my wife involved in my family disputes.he suggested my wife to threten your husband by giving divorce.WITH OUT MY CONCENT rama prepared a family DIVORCE AGREEMENT BOND WITH NOTARY.WITNESS ARE ALSO SIGNED ON THE NOTARY.the prepared notary has been received my wife .the prepared notary was taken before me and forced me to sign on the notary .finally signed the notary . i dont know the notary and witness who are signed on the notary. pls tell me the is the notary valid?.rama prepared the notary for ill intension.now the original notary paper is with rama.now hethreatend my wife,if you are not marry me i will see your husband end. CAN I FILE A CASE AGAINST THE NOTARY AND WITNESS AND RAMA.MAY I TAKE HELP OF LOCAL BAR COUNCIL FOR IMMEDIATE ACTION ON NOTARY PERSON.PLS GIVE ME SUGGESTION.
Shonee Kapoor
(Expert) 22 March 2012
How can Notary be punished in the instant case.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ajay sethi
(Expert) 22 March 2012
your divorce agreement has no value . divorce has to be granted by court .
agreement was merely affirmed before notary . no case lies against notary .
your wife is still wedded to you .
Ajay Bansal
(Expert) 23 March 2012
Agreed with Ajay Sethi.
Guest
(Expert) 23 March 2012
Shri Ajay Sethi has advised you quite appropriately.
V R SHROFF
(Expert) 23 March 2012
As Rama insist your wife to marry her, most probably, he try/have s*x relation in a closed room.
Call Police, Photographer, get proof of their inside a closed room. Rama will be jailed for 7 years.
Issue Notice to Rama, Your Wife, and Notary, that writing to the effect of Divorce and Notarized, is not done by your willingly ind voluntarily, and not binding on you, and Divorce is null and void ab initio.
You can also lodge Police Complaint.
All involved in such act can be punished.
As Notary is involved, he too get punishment, for notarising illegal deed of divorce. Bombay HC Order 10 days ;;
Shonee Kapoor
(Expert) 23 March 2012
Which order you are referring to Mr. Shroff.
Notary need not know the content of paper which is being notarized.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 23 March 2012
Dear Shonee Saab,
He said "I don’t know the notary and witness who are signed on the notary.”So notorised in his ansence. ++
Over and Above: +++
Divorce Deed never notarized for last two years in Maharashtra due to this instructions,. Bombay High Court declared: Any Advocate helps in executing, even Drafting & Preparing Divorce Deed, will be punished with 10 days imprisonment. It includes Notary.
All Family Court Exhibited this Notice Right in Entrance of Court, to beware false divorce deeds. Divorce is valid only through Court. No Customary Divorce under Sec 29 HMA apply for Divorce in home.
Now It is strictly practiced in Mumbai.
PARTHA P BORBORA
(Expert) 24 March 2012
A NOTARY HAS NO POWER OF DIVORCE. THE AGREEMENT HAS NO LEGAL VALUE AT ALL. ONLY A COMPETENT CIVIL COURT HAS THE POWER TO DECREE A DIVORCE AND THERE IS SPECIFIC PROCEDURE TO FOLLOW. DO NOT WORRY. THAT DOCUMENT HAS ZERO LEGAL VALUE.
PARTHA P BORBORA
(Expert) 24 March 2012
The notary should be punished because he is duty bound to inspect himself any document or paper or affidavits or agreements before puting his signature nd seal. He knows the law And thus he clearly knows that such type of divorce is null and void ab initio. So he is not entitled to get any safeguard.
SAINATH DEVALLA
(Expert) 24 March 2012
Dear Krishna,
At the first instance how was your marriage performed.Is it as per rituals or a registered marriage.
How could you sign documents before a Notary forcibly.AS stated above the Notary cannot act in the way you have mentioned,and moreover he has no such powers delagated.If this has really happened his Notaryship can be terminated with immediate effect.Hence the papers Rama is holding are of no value.Is he your family friend or just a friend of your wife.Another important point is,does he also belong to the same caste as your wife.
Immediately contact a good lawyer in your place and proceed further.Will it be of any benefit,if both of you have a good family councelling.Leave aside Rama.Immediately give a police complaint against him.
Shonee Kapoor
(Expert) 30 March 2012
Sir,
That might be the case in Mumbai. But divorce agreements/ MoU for divorce are routinely being notarized. Most (illeterate) assume that to be divorce and proceed to get married and land in trouble.
That surely is not illegal./
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
