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Chandravadia Jignesh (Rajkot)     22 January 2010

Noatarized Divorce

Dear Sir,

           If any party want to take divorce within 90 days of his marrage than what they can take divorce.And if the divorce deed was done by notree than that noterized divorce are valide


 15 Replies

Suchitra. S (Advocate)     22 January 2010

Usually one can file divorce petition only after one year of marriage. It is only in extreme cases, that court allow to apply for divorce within one year. And divorce deed through notery is not a vaild divorce. It has to be done through court orders.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     22 January 2010

 no, invalid, pray under sec 13b ofThe Hindu Marriage Act, which runs thus:

" 13B. Divorce by mutual consent.

(1)Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976, (68 of 1976.) on the ground that

they have been living separately for a period of one year or more,

that they have not been able to live together and

that they have mutually agreed that the marriage should be dissolved.

(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that

a marriage has been solemnized and

that the averments in the petition are true,

pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree"

Troubled Soul (XYZ)     22 January 2010

If both parties mutually agree on getting a divorce can't this be settled in lok adalat? Few things heard about lok adalata :

1. Minimum requirement that both parties should mutually agree to resolve the matter 

2. Deals with matrimonial issues.

3. Can't be appealed

4. Pre-litigation cases can be resolved

5. Lok adalat doesnt follow formal procedure. So the need of 1 year and 6 month separation and a lawyer representation is doubtful.

So if both parties realize its not possible to cohabit, immediately after marriage, why cant it be resolved in lok adalat

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     22 January 2010

It is a legal provision under the hindu marriaage act that a case for divorce  may be brought at either district court or family court. most probably lok adalat is incompetent.

Suchitra. S (Advocate)     22 January 2010

Divorce cases are not takn up by Lok Adalats.

Suchitra. S (Advocate)     22 January 2010

Oh, ok..  !! thanks for that info..  I really did not know Lok Adalats take up divorce cases.  I would like to know more from Learned experts regarding this.   :)

sunil pagare (lawyer)     23 January 2010

DIvorce b4 sub registar & Notary is illegal .There is ruling of Supreme court.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     23 January 2010

Dear troubled soul, I have gone through both the cases through your web address. I am sorry to say that you could not understand the matter. first one is delhi case - where lok adalat trying to find a solution instead of divorce. they are not giving a divorce order, actually it is a compromising solution, not divorce.

Second one is from kolkata, where HC of calcutta stayed an order of lok adalat, which gave divorce order - on the ground that lok adalat do not have such power.

however thank you for posting the above site address.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     23 January 2010

if any judge goes beyond his capacity, it is called vires. the duty of the superior authority is to wash it out.

venkatadurgaprasad marni (advocate)     23 January 2010

lok adalat can grant divorces if both parties agreed before it and it can pass award in the matter wich was reffered to it. But some High courts giving directions to lok adallts that not granting divorce decrees directly but sent it to mother court .

venkatadurgaprasad marni (advocate)     23 January 2010

Notarized Divorce is not valid in genreal but in some cases relating to custum allow them to take custumary Divorce before Jury of Cast Elders some set of people belongs to shedule casts and shedule tribes  and some back ward casts the custumary Divorce can be taken before the Notary .

Therefore Notarized Divorce is if Custumery Divorce it is Valid in onely some set of people to hoom their customs allowing them to take Divorce Before jury  of Cast Elders.   in all O.C casts it is not valid. Particularly in Christian Marreages the District Court only can grant decree of Divorce.  So One Want to take notarized divorce shoul aware about his status about customs belongs his casts.

venkatadurgaprasad marni (advocate)     23 January 2010

Any body take decree of Divorce with in 90 days if the Marriage is void or voidble grounds. wich w

Kamal Grover (Advocate High Court Chandigarh M:09814110005     23 January 2010



As per latest supreme court judgment, the power to exempt 6 months probation period lies only with supreme court.

And notray is not a valid divorce. Notary is making fool to both of you.

So wait for one year and then apply before the court and get legal divorce.


Kamal grover



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