Before jumping to conclusions or suggesting to file complaints etc., requesting every learned members of this forum to please note the following below:
Section 3 of The Hindu Marriage Act, 1955 -
"3. Definitions.- In this Act, unless the context otherwise requires,-
(a) the expression "custom" and "usage" signify any rule which, having been continuously and uniformally observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family:
Provided that the rule is certain and not unreasonable or opposed to public policy;
Provided further that in the case of a rule applicable only to a family it has not been discontinued by the family;"
Section 29(2) of The Hindu Marriage Act, 1955 -
"(2) Nothing contained in this Act shall be deemed to affect any right recognised by custom or conferred by any special enactment to obtain the dissolution of a Hindu Marriage, whether solemnized before or after the commencement of this Act."
Now if husband and wife come to the Notary and tell that the above mentioned Sections of The Hindu Marriage Act 1955 are applicable to them and want him to attest their written equitable, just, mutual, reasonable and voluntary decision of their right of customary divorce, what can Notary do? The time tested aphorism, "Miya Biwi razi to kya karega Kaazi" is applicable. He is bound to attest it under Section 8 of The Notaries Act 1952. How can the State ever interfere in these matters of personal freedom and liberties of individuals so solemnly guaranteed equally to all? That is why divorce is also possible to people following other religions under their respective personal or customary laws without any interference by the State. This is just a tip of the iceberg about legal and jurisprudential questions of law involved. Even more law facts and questions can be shared with the forum.