Registered divorce paper after divorce from community

Querist : Anonymous (Querist) 28 August 2023 This query is : Resolved
I am from Pune and I was divorced in my community 8 years ago (2015). I was given a community divorce paper with signature of my ex-wife as well as 2 witness from the community. The paper was in another language which was then translated, affidavit and was duly notarized by the notary. Now, I am facing a situation where I have to present my divorce paper to a government body and they are not accepting this paper and they want a court registered divorce paper only and no other declarations. I have no contact with my ex-wife and I am sure she will not co-operate to get a divorce paper and will create problems even if I send notice. Is there a way to get a divorce paper without contacting her, maybe on the basis of my community divorce paper?

Follow Query

Report Abuse

kavksatyanarayana (Expert) 28 August 2023
No. You have to file a petition in court by consulting a local advocate. The court will send notice to your ex-wife or get it published in a Newspaper if her whereabouts are not known.

T. Kalaiselvan, Advocate (Expert) 28 August 2023
The community divorce is an unknown matter to law.
The so called community divorce papers, even it is by a notarized paper, it is considered as invalid and not recognised as valid divorce.
You have file a divorce case and send summons to her last known address, if she is not found in that address and the summons are returned undelivered then you can seek permission of court to send summons through substituted service i.e., by a newspaper publication and then get exparte divorce if she is not turning up then also.
This exparte divorce passed by court of law is valid

Dr. J C Vashista (Expert) 29 August 2023
Community divorce (in some communities) is also recognised mode for mutual consent divorce, it is better to consult and engage a local prudent lawyer for necessary advise / proceeding.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Ask Query
Unanswered Queries