Aarvi 24 February 2023

About marriage status

Respected sir,

I was married 1.5 years ago and also I am notarized divorced just after 4 months from marriage. Now if I plan for abroad studies, Should I have to mention as married or I can write unmarried in status? And also another question arises like can I marry any other person in India or in foreign with notarized documents?

And the another point is that the spouse has appealed for section-9 (after signing in the notary) to take me back but I want to refuse this case. Is there any suggestions to close this section-9 case?

Note:- 1) No name changed after marriage in any legal documents(Aadhar card or pan card). 2) I have notarized documents but no divorced filed by court.

Reply Follow

5 Replies

Real Soul.... (LEGAL) 24 February 2023

Since you have documentary proof for divorce and living separately for about more than year ,it will be treated as mutual consent divorce but court has to rule on that. Your Ex husband can dispute that notarized agreement as he already has filed for restitution.

Now you need to file for divorce on the basis or that notarized document, that is evidence but need too be proved.. If your husband denies execution of that notarized document, the court will call the notary and the witnesses if any who signed on document. In nutshell you were supposed to get decree of divorce from court.

Since it will take much time to get the divorce you can leave for studies by just informing court that you have to leave country for studies, and no court can stop you from that.

The suit filed by your husband is just futile when you are already not interested in living with him, but you have to file reply in the court with the notarized document as proof for divorce

Aarvi 24 February 2023

Thank you for replying.

As you said sir I can continue my study abroad by informing the court, But can i write my status as single in the form for abroad studies? or it should be written as married.

Point to be noted like I have no name change in any government legal documents.

Shashi Dhara 24 February 2023

If you have not registered your marriage then it is o.k. notary divorce is not recognised until court passess divorce decree .

T. Kalaiselvan, Advocate (Advocate) 24 February 2023

Your marital status is 'married'.

The divorce paper notarised by a notary is not a valid divorce.

You cannot marry another person during the subsistence of your marriage because the divorce on the notarised papers are not legally valid, hence you will be considered to commit an offence under bigamy.