Legal Divorce papers for SC
Atmik
(Querist) 28 February 2011
This query is : Resolved
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.
Devajyoti Barman
(Expert) 28 February 2011
Though Law of the land recognises customary divorce which does not require the sanction of the court , the problem arises when the Public Authority refuses to acknowledge the same. If the Passport Authority so wishes then fulfill their demand.
valentine thakkar
(Expert) 01 March 2011
The immigration laws are different for different countries and they get stricter and stricter day by day. If it were a simple case of divorce no body would have bothered in India, but you have to submit papers for visa and that makes it a very special case because you have landed in the law of foreign territory. As far as my knowledge you have taken correct step by getting yr divorce deed registered that will make things easier for you when you approach visa office.
