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Shaher yar   14 May 2024

Custody and guardianship

Hello.  A  and B were married, had a daughter C. The couple got divorced by mutual consent and executed a notarized document of divorce.  B , mother got custody of minor daughter C . B remarried and wants to go USA with her new husband alongwith her minor daughter C. Immigration authorities are refusing to give clearance to C and seeking proper custody documents of C and not accepting notarized divorce agreement. 

How should B obtain custody order of her daughter C ? What documents are accepted by immigration authorities? 

Anyone please suggest 

 



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 7 Replies

P. Venu (Advocate)     14 May 2024

Such notarised document does not constitute a proper divorce.

1 Like

T. Kalaiselvan, Advocate (Advocate)     14 May 2024

Firstly the divorce decree executed on your own by a notarised document is invalid and the marriage is considered to continue till this date.

Therefore her subsequent marriage with another person is null and void and invalid as per law.

In the absence of a valid divorce decree by a court of  law, the subsequent agreement for child custody with the mother is also considered as invalid as per law. 

Therefore the mother has to file a child custody case before the court ompetent and after the court grants full custody to the mother of the child, she can be recognised to be in the custody of the child. 

For that she has to obtain a divorce decree from court of law 

The hurry shown everywhere all along has complicated now resulting into legal consequences 

Well you can consult a local lawyer nd take proper steps at least now 

1 Like

Dr. J C Vashista (Advocate )     14 May 2024

Neither it is valid divorce nor a legal dispute for consdieration and obligation of experts on this platform.

 

1 Like

kavksatyanarayana (subregistrar/supdt.(retired))     14 May 2024

The couple on mutual consent divorced by a notarised document is not valid and Ms B's marriage is invalid.

Shaher yar   14 May 2024

Thank you sir . What is valid mode of divorce on basis of mutual consent? Parties are Muslims 

T. Kalaiselvan, Advocate (Advocate)     14 May 2024

If the marriage was solemnized as per Muslim personal law then parties to marriage can dissolve their marriage by mutual consent by invoking Mubharat and both can even reduce the terms of divorce reduced to writing. 

This is valid form of divorce on mutual consent between the Muslim couples. 

If the girl takes Khula from husband then she will not be entitled for maintenance or alimony amount including the Mehr amount,  but this form of divorce is also a  valid divorce. 

The notarized divorce deed is not valid and unknown in law. 

1 Like

P. Venu (Advocate)     15 May 2024

"What is valid mode of divorce on basis of mutual consent? Parties are Muslims"  Why you are posting material facts piecemeal as if it is a mercy on us?

 


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