Notary nonsense.

Appointment of Notary has to be properly scrutunised by the Central/state governments, so that Noatries are appointed based on their expertise and knowlge. But unfortunately in most cases it appears that Notaries are blindly appointed by the law departments, in spite of the new amendments in Notary acts and rules.Time to check it.

Before jumping to conclusions or suggesting to file complaints etc., requesting every learned members of this forum to please note the following below:

Section 3 of The Hindu Marriage Act, 1955 -

"3. Definitions.- In this Act, unless the context otherwise requires,-
(a) the expression "custom" and "usage" signify any rule which, having been continuously and uniformally observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family:
Provided that the rule is certain and not unreasonable or opposed to public policy;
and
Provided further that in the case of a rule applicable only to a family it has not been discontinued by the family;"

Section 29(2) of The Hindu Marriage Act, 1955 -

"(2) Nothing contained in this Act shall be deemed to affect any right recognised by custom or conferred by any special enactment to obtain the dissolution of a Hindu Marriage, whether solemnized before or after the commencement of this Act."

Now if husband and wife come to the Notary and tell that the above mentioned Sections of The Hindu Marriage Act 1955 are applicable to them and want him to attest their written equitable, just, mutual, reasonable and voluntary decision of their right of customary divorce, what can Notary do? The time tested aphorism, "Miya Biwi razi to kya karega Kaazi" is applicable. He is bound to attest it under Section 8 of The Notaries Act 1952. How can the State ever interfere in these matters of personal freedom and liberties of individuals so solemnly guaranteed equally to all? That is why divorce is also possible to people following other religions under their respective personal or customary laws without any interference by the State. This is just a tip of the iceberg about legal and jurisprudential questions of law involved. Even more law facts and questions can be shared with the forum.

@ N.K Assumi 

They are not blindly appoiinting Notary , Law Dept people take around 4-5 lakhs for making person Notary . This is known by all for many years (Well there can be honest Notary , and competent too ) But you should know and talk on reality also. 

Many months back one friend of CM of Maharashtra was called for appointment about Notary and person asked few lakhs , Money was fixed to be given near Mumbai CST station , He was caught Red handed. This is tip of ice berg .

Then in Maharashtra GR was issued that instead of Affidavit simple Self declaration will be ok with point that if it is wrong you will punished under law ..................................... 

Now Affidavit is used only in Court in Maharashtra . People are less aware of it