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Mayank Sharma   26 March 2018

customary Divorce and special marriage

Hi adv.
I am sharing the details of a case
does customary divorce valid in case of marriage solomnized under special marriage act 1954 section 13 ??

an SC / ST boy belongs to vani kar cast from gujrat married with Brahmin girl in jan 2017 and divorced on may 2017 by notary and that notary is registered under sub registrar .
Does it valid ?? marriage under sma 1954 can be dissolved like this .


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 5 Replies

Vijay Raj Mahajan (Advocate)     26 March 2018

No, this not valid divorce under the Hindu Marriage Act,1955. If all sort of stupidity happening in Gujarat by so-called notaries then expecting that as valid legal process, that's not so. Better get Decree of divorce from the Family Court for Hindu Marriage, after that only think of remarriage under the Special Marriage Act,1954.
1 Like

Kumar Doab (FIN)     26 March 2018

In your earlier threads your query has already been responded...!

Adv Radhika Mehta (Advocate)     26 March 2018

No it is not valid. They will have to approach Court to get the marriage dissolved. 

Mayank Sharma   26 March 2018

Boy belongs to sc or st and girl belongs to gautam brahmin

Mayank Sharma   26 March 2018

In boy cast it's valid but in girl cast no such provision exsists

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