(Guest)

Notary divorce and remarriage

Hi,

My name is Amit Patel, i am based at Ahmedabad and i am Hindu-Leua-Patel.

Let me mention my case precisely.

Due to my diverted focus on profession , i left my job and worked too much hard in Animation profession. So i could not gave enough time to my wife for three months. And after very trivial altercation she left my home on 24th Jul 2015. She was 10 to 11 weeks pregnant.

Despite several efforts of my family and myself her family did not allow us to talk to her. And later i came to know that she got miscarriage, Her family says it was natural miscarriage but i doubt there must be some wrong gone.

Her family was putting severe pressure of divorce on me. I begged to her family that please do not separate us, But nothing worked.

Then her family threaten me to lodge 498A etc case against my family if i do not agrees to sign on notary divorce. Due to frustration i signed on notary paper, but in notary paper it they mentioned that we were living separate for 1 year. Which was absolutely wrong. Her family says that Notary Divorce is legal and Section 13B is required only to remove My wife's name from my passport , therfore after 6 month of that we applied for Mutual Consent divorce on 19th Feb 2016.

My wife is not ready to live with me in any case, and i want to fight for long till she agrees to live with me. I love here so much. And now i come to know about that she got engaged with someone else.

Now i want to withdraw my Mutual Consent Divorce , so what could her family do to me? can they file 498a to pressure me to give divorce? if they file Section 13-A, then how long i can prolong the case so that she does not have any alternative man in near future and then she can realize that i was her actual love. Her Family is going to get her married with someone else because they are confident that Notary Divorce is leagal and she can marry anyone now.

Her family is insisting that this customary divorce is prevailing in our cast so it is legal. My advocate is also agreeing to it. So how can i challenge this notary divorce so that it is considered to be illegal or void.

Please help me to fight this case and get my wife back at any cost. My intension is not to hurt or harm anyone but only to restore marraige and family relationships.

Thanks.

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7 Replies

(Guest)

For divorce, u got to go to court and get it by filing under 13(1) HMA.

If you are ok with that notary thing and either of you dont approach court at all for anything in the future, then its ok. Like that many pepl do.

If only you love no use, she should also love, if only you file for divorce no use, she should also be ready for divorce, eitherways getting divorced in court is the only right and legal way in India.

saravanan s (legal advisor) 09 March 2016

divorce can be got only through court and not by any other means.if she remarries only based on the affidavit it means she had committed the offence of bigamy sec 494 ipc which if proved will get seven months imprisonment.any of your blood relatives can file the case on her if not you.also if she doesnt marry and if she goes for a live in relationship then also you can charge the guy (but not your wife) with sec 497 ipc for adultery.

as far as the mcd is concerned if you dont appear for any of the motion then it will be dismissed.thereafter if you want to divorce her or vice versa case for contested divorce needs to be filed in the court which will easily take several years to complete

1 Like

SAINATH DEVALLA (LEGAL CONSULTANT) 09 March 2016

Everyone including UR lawyer is wrong regarding Notary Divorce. Notary has no power whatsoever to grant divorce.

(Guest)

Thank you for your replies. My another question is, i have filed MCD and mentioned false statement that we have been living seperatly for more than a year. Now if i say truth to the judge that 1 year seperation mentioned in petition is wrong.. so will it prove that i have filed wrong affidavit and i will have to face legal action ? I want to tell all the truth in my second motion of Mutual consent divorce.

Amrit (M.D.) 11 March 2016

There is no such thing as a Notary divorce. If the woman is not ready to live with you then there is no point in asking her to come back, all she would do is put false 498A case on you.

dr g balakrishnan (advocate/counsel supreme court) 21 March 2016

Notary divorce is a fraud, It os a coercive process by inlaws,if you are sure you doubt that the girl is forced to marry some one by forcing divorce, move high court for direct examination of the girl with you before court. court will allow. tks