(Guest)

Any judgement against notary divorce?

Hi,

I am fighting case aginst Forcefull Notary Divroce from my Wife-Side relative. Ahmedabad Family Court has given temporary stay on re-marriage of my wife. My next hearing is 20th Jun. I want to make my case very solid on the baisis of Judgment given by courts inculding HighCourt/Supreme Courts, saying that Such divorce is not vaild.

My cast is "Patel" and my in-laws are claiming that in Patel such customary divorce is valid. But i am not agreeing to such customary divorce. How can social custom impose such divorce custom on me or any individual?

So please provide me some judgement where such Notary Divorce/ Divorce Deed is challenged in court and court ruled that such divorce is not valid.

Thanks,

Amit Patel

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5 Replies

saravanan s (legal advisor) 10 May 2016

Getting divorce only through Court is valid all other forms of divorce is illegal

1 Like

P. Venu (Advocate) 10 May 2016

The Patels in Gujarat is not a homogenous community. The question is whether the custom of divorce other than by a decree is permissible is a question of fact. As such it is impossible to make any suggestion.

Hpwever, the stay is bound to continue until the matter is finally disposed of.

(Guest)

Dear Expertes.

Thank you for your valuable replies.

My case is pending in Family court in Ahmedabad. Respondent has filed an answer that in Patel Community Customer divorce is valid. I had filed petition that this customery divorce is not acceptable to me. Now in next hereing i would like to cite some judgments of High courts or Supreme courts. So that my case becomes reiforced. I do not want to keep any loopholes to loose my case. My ultimate aim is to make that customery divoce deed null and void. It does not matter if in patel community it is valid or not. If I am not agreeing to this customery divorce how can communiy impose his cult on any indivudual.

I request to you all expertes to give me reference or judgment mentioning that customry divorce is not valid when one party does not agree to it.

Thanks ,

Amit Patel