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Siva (Lead)     14 May 2015

Divorce is possible by "viduthalai pathiram" mutually?

Both husband and wife mutually accepted to leave matrimonial life by signing it in the "VIduthalai pathram" / any other form of legal document signed by both and relatives of hasband and wife along with president of village and register with notary?. Will it be considered as divorce?

Please adivse..



Learning

 3 Replies

Shantanu Wavhal (Worker)     14 May 2015

NO - it does not have the effect of divorce.

dont do hairspitting and dont waste time

get divorce decree from court.

saravanan s (legal advisor)     14 May 2015

as told by amit sir only divorce got through a court is legal.if you proceed based on the viduthalai pathiram and marry someone you will be punished for bigamy and the marriage would be deemed to be void

k.chandrasekharan (advocate)     15 March 2016

I agree with others. Even now in villages, such customary practices exist but they are not sanctioned by law. Only a court order of divorce is valid. Many people have come to grief having remarried upon such 'viduthalai pathiram' or the like in several states.

At best, this document can serve as a disclaimer in property, which too can be repudiated by the executing spouse in an appropriate property dispute case.

It is dangerous to proceed on such stale and obsolete practices.


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