Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Gita (Housewife)     04 April 2015

Devorce

We both agree for divorce and lawyer prepare document and we notary that ,after six mont my ex husband get married, now I want to divorce certificate, what should I do?



Learning

 8 Replies

saravanan s (legal advisor)     05 April 2015

have you got divorce through a court degree.if not his marriage with somebody else would amount to bigamy

SAINATH DEVALLA (LEGAL CONSULTANT)     05 April 2015

UR query does not yield any substance.Lawyer prepared document,U got it notarised and he after 6 months he married again. Where on earth can U get that divorce certificate? 

Advocate Bhartesh goyal (advocate)     05 April 2015

For getting divorce decree/certificate you both have to file mutual consent divorce petition before Family Court.Notarised paper doesn't validate divorce.

sandykrish (Interested in Family LAW)     05 April 2015

Now you file a case of bigamy, he will come and give you court divorce

Adv k . mahesh (advocate)     06 April 2015

law stipulated procedure is there to get divorce from court

mutual consent divorce and contested divorce

and in your case you both mutually agreed and drafted a deed and being notorised by notary which is not valid in the eye of law

so already you both have decided to take divorce then apply for mutual consent divorce before that first meet a local lawyer and discuss with him what all points to be kept in that and both come with an understanding and draft the petition and file within 6 to 8 months you both will be divorced and even you to can marry again legally

N R Dash.. (Advocate)     07 April 2015

Gita, if you both mutually agreed for divorce then don't make it much complicated now. Both file a petition u/s 13B HMA for MCD. 

 

I advise you not to go for any bigamy suit or anything else as this will consume your time, mental agony & money too. Better, as you have already decided and living separately go for MCD. This will make things simple and you will get your divorce certificate too.

 

The notarised one which you have is not legal divorce.

SAINATH DEVALLA (LEGAL CONSULTANT)     07 April 2015

His second marriage is not valid till he obtains divorce officially. Act according to the opinions of the other experts.

T. Kalaiselvan, Advocate (Advocate)     09 April 2015

The one what your lawyer done is not a legally valid divorce.  So any certificate based on this is also invalid in the eyes of law.  Better to apply for divorce in the court of law with the help of another good and genuine lawyer under mutual consent and get your marriage dissolved by a decree of divorce legally.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register