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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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Legal Evangelist - TRIPAKSHA

Such divorce is not valid.

 

Second marriage is void ab-initio.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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Advocate

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.

 
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Advocate/ nadeemqureshi1@gmail.com

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


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SSE

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 http://india.indymedia.org/en/2005/11/211069.shtml.

This may help and take you to the next step.


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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?

 
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Legal Evangelist - TRIPAKSHA

No customery divorce is not valid in Kshatriya Rajpur community.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


Total likes : 1 times

 
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ADVOCATE

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

 
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Advocate

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.


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