Vijay Raj Mahajan (Advocate) 01 February 2016
This practise of going for divorce is seen happening mostly in cases from Mumbai, Maharashtra, some gang of advocates/notary publics are running fake business of getting such documents drafted on the non judicial stamp papers which they tell their clients as divorce papers and these are further stamped by the notary publics.
The State government and the State Bar Council need to take serious action against these advocates/notary publics and register criminal complaints for offence of cheating and forgery.
The document you carry in your hand is fake document which has no validity, just throw it on the face of the person who got you this, engage some ecperienced advocate who will get you divorce through the Family Court of the District Court.
Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate) 01 February 2016
1) Divorce through a Notary is invalid having no legal entity. If u remarry u will be commiting criminal offence leading to avoidable complications.
2) File MCD before the District Family Court and obtain decree as under.
3) First discuss with ur wife and arrive at acceptable agreement to u both on the terms and conditions before filing of MCD.
4) The understanding should be on all relevant aspects like alimony, child custody, property distribution, return of streedhan etc. to avoid any future complications. The court shall simply endorse ur agreement but not award any modifications on what u both agreed.
5) Consult a local experienced family law advocate who will prepare MCD petition as agreed upon and then file in District Family Court, the day on which u both have to physically be present and express ur free consent. Engage each separate Attorney to keep the matters transparent and avoid future apprehensions. The documents required to be attached to the petition like marriage certificate, adhaar card, residential proof etc will be advised by ur counsel.
6) There will be one counseling session during which each of u has to firmly stand ur intention of divorce. The case will be posted after 6 months during which period to ensure any possible reconciliation of each or any of the parties.
7) The divorce decree will then be granted. Since it is MCD, there is no chance of appeal or change in the terms agreed upon.