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Dr Surekha Mahabal (doctor)     28 September 2011

Is divorce by divorce deed legal?

divorce obtained by notarized divorce deed in 1984; in a couple where husband was Kshatriya and wife is Shimpi, as mentioned in the divorce deed itself. is such a divorce legal and valid?

if the divorce is not legally valid, and if that husband has subsequently entered into legal marraige, is that marraige , is the 2nd marraige valid according to Hindu Marraige Act, 1956?



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 8 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     28 September 2011

Such divorce is not valid.

 

Second marriage is void ab-initio.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

2 Like

Krish Narayan (Advocate)     28 September 2011

Divorce by deed either registered or notorised is not valid in law. Customery divorce may be a valid one, if such custom is proved by cogent evidence. 

In case of divorce of 1st wife by deed, subsequent second marriage is void ab-initio. The husband may be subjected to bigamy by the 1st wife.

For bigamy, the prosecution must establish the ceremonies and rites performed during the 2nd marriage.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     28 September 2011

Dear surekha

i am fully agree with Sonee kapoor, there is no provision in Hindu marriage act about divorce via deed, the second marriage is void ab-initio

1 Like

Sameer12345 (SSE)     28 September 2011

Agree with JAYRANJAN JI, I am also doing a bit of research on Customary Divorce. It can be challanged. One has to provide strong evidence to prove Customary Divorce (Divorce Deed) as a valid one. If This is a practice in your caste and divorce is obtained by using Divorce Deed than Court may consider such Divorce as a valid one.

@ Dr Surekha Mahabal, Please read this artical https://india.indymedia.org/en/2005/11/211069.shtml.

This may help and take you to the next step.

1 Like

Dr Surekha Mahabal (doctor)     29 September 2011

Thanks everyone!!!

let me be more specific.

Is customary divorce valid in Kshatriya Rajput community?

Is customary divorce valid, even if it does exist in community; if husband and wife belong to different communities?

can U give me any articles or preceedents supporting or clarifying customary divorce in kshatriya rajput community?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 September 2011

No customery divorce is not valid in Kshatriya Rajpur community.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

A.VIVEK ADVOCATE (ADVOCATE)     11 October 2011

Except  the court order for divorce all other steps are not valid in the eye of law.
 

Arif Iqbal (Advocate)     11 October 2011

A marriage solemnised, whether before or after the commencement of the Hindu Marriage Act, 1955 (Act) can only be dissolved by a decree of divorce on any of the grounds enumerated in Section 13 of the Act and the spouses cannot perform a second marriage during the subsistence of the first marriage. Hence the so called divorce, by executing notarised instruments is not at all valid. Divorce must be obtained by a decree from the judicial Court.

1 Like

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