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destiny123 (-)     27 December 2016

Divorce and re-marriage

I got married in 2007 and had to take divorce in 2009. But It was not through court, but from sub-registrar office on notarized / stamped paper document with mutual consent. I got again married in 2010 (My second husband also got divorced from his first wife and he has divorce decree  from court). We have shown them my notarized / stamped paper document from sub-registrar office before marriage. That time they had not any issue with that paper. But After 6 years of marriage (we have 3 years old son now), they file a case into court in front of me, that I don't have divorce decree. So they have file a case to declare our marriage as null and void marriage. They wrote that I have cheated them to falsely say that we have divorce decree but we have shown them notarized / stamped paper document before marriage. We told them before marriage that we didn't take divorce through court and didn't hide anything from them.

Now please tell me what should i do ? I from gujrat and my lawyer said that I have valid notarized / stamped paper document from sub-registrar.



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 5 Replies

Mukesh sharma (job )     27 December 2016

Hi divorce always by court and if you have not court  decree than i think its not valid and in indian law register office not valid for divorce..... 

 

saravanan s (legal advisor)     27 December 2016

Divorce can be obtained only through court and that notarized document is not valid in the eyes of law.you have committed the offence of bigamy and moreover the marriage you contracted before getting divorce is void

A walk alone (-)     27 December 2016

Your second marriage is void. Notarized document is not valid. Divorce obtained from court is only valid.

(Guest)
Originally posted by : Vaishali Shah
I got married in 2007 and had to take divorce in 2009. But It was not through court, but from sub-registrar office on notarized / stamped paper document with mutual consent. I got again married in 2010 (My second husband also got divorced from his first wife and he has divorce decree  from court). We have shown them my notarized / stamped paper document from sub-registrar office before marriage. That time they had not any issue with that paper. But After 6 years of marriage (we have 3 years old son now), they file a case into court in front of me, that I don't have divorce decree. So they have file a case to declare our marriage as null and void marriage. They wrote that I have cheated them to falsely say that we have divorce decree but we have shown them notarized / stamped paper document before marriage. We told them before marriage that we didn't take divorce through court and didn't hide anything from them.

Now please tell me what should i do ? I from gujrat and my lawyer said that I have valid notarized / stamped paper document from sub-registrar.

What you need to understand after debacle no.1 is marriage works on one simple principle which is adjustment.  There is no hard and fast rule how much one should adjust, nor there is any limit.  Adjustment has many other names in our society, vis a vis love, affection, caring.

Love is never enough .

Your husband simply married you just for sake of it, he knew very well that notarised divorce is no good divorce in eyes of law, keeping that in mind silently he married you and used you for how many ever years that he stayed with you.  Now he is fed up coz of many reason, which might be no love, no caring, no affection or might have find better love outside of marriage or simply got bored with you.

Like others have suggested, your notarised divorce is of no use legally.  Your marriage is void marriage.  It does not exist at all in eyes of law.

You can however claim maintenance for the child which will be considered legal in eyes of law.  It can also claim share in property of the father.

Now it is for you to figure out how to bring back your man, rather than cursing yourself or him.

1 Like

whatnot   28 December 2016

By law if court can't accept your notorised divorce as a valid document then your first marriage is pigment of imgaination  concotted by your second hsuband!

You can fight on that premise and atleast stall your second husband's juggerment and bring them to negotiation table for MCD.

If played well you can come out unscathed.

 

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