Notorized divorce deed
PRAKASHCHANDRA MARU
(Querist) 13 August 2014
This query is : Resolved
hello all learned,
Lady got divorced with the consent and the divorce deed is executed before notary. According to divorce deed lady wish to keep her son with her and maintain herself and her son as she does works in private school as a teacher. Then after compromise taken place and lady went to live with house of her husband then after passing period of 2 and ½ year both party fought lady called the 100 number and police came and she lodged complain under 498(A) and then after she went with her matriomanioal home and given reply in her statement before police that with the her will she has gone at the home of her father ?
Now question is that
Whether divorce deed is valid in the eye of law ? (please provide judgments )because it is only notarized not taken decree
As she is entitled to get maintainace as she stated in her statement that she has gone at the home of her father with her will (but after the lodging complain against the husband of her she left home)
Pls suggest
Regards
Devajyoti Barman
(Expert) 13 August 2014
The said deed has no basis in the eye of law and irrespective of what the lady stated ain anywhere, her legal right for maintenance cannot be waived.
ajay sethi
(Expert) 13 August 2014
notraised divorce decree has no value in eyes of law . you need divorce decree from court
your wife is entitled to maintenance
Akhil Dave
(Expert) 13 August 2014
Dear Maru,
The reply of Mr. Ajay Sethi is true.
However, the intentions of deed is customary tradition if proved and accepted by court than you have some chance. But, its very difficulty at lower courts.
Warm Regards,
Akhil Dave
daveakhil@gmail.com
Rajendra K Goyal
(Expert) 13 August 2014
Notarized divorce does not have legal value.
wife is entitled for maintenance.
V R SHROFF
(Expert) 13 August 2014
OH, YOU YOURSELF IS PRACTISING LAWYER ..
SO NOT YOUR PERSONAL LEGAL PROBLEM !!!!!!!!!!!!!!!!!!!!!
Laxmi Kant Joshi
(Expert) 13 August 2014
Notarized divorce decree has no legal value in the eyes of law , only court can grant the divorce decree, your wife is entitled to get maintenance for herself .
K.K.Ganguly
(Expert) 15 August 2014
1. The notarised Divorce Deed has no legal value,
2. She is entitled to maintenance from her husband.
T. Kalaiselvan, Advocate
(Expert) 18 August 2014
The notarized divorce deed obtained and kept inside has not legal validity, this may be produced before the court for ratification explaining the circumstances led to such a deed. (Latest Bombay high court case on the subject has a reference to this). For maintenance lot of other aspects have to be analysed especially she is reported to be employed and having her own source of income.
