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Is divorce on notary valid? | By Ishan
The divorce agreement on a Rs. 100 NJS is not valid as per law and not admissible as evidence in law for proof of divorce. Notary divorce is not a legal divorce. You have to approach the family court and to get decree for divorce. It is the law.
Mahendra Nath Yadav Vs Sheela Devi (Supreme Court of India)
Held: Hindu Marriage Act, 1955, ss. 9 and 13-B -A divorce got through the panchayat as per the local customs of a particular community will not be recognised by any court of law. A divorce, in order to be legalised, mandatorily requires a judicial decree from a court of law and nothing less would do. Dissolution of marriage through panchayat as per custom prevailing in that area and in that community permitted cannot be a ground for granting divorce under Section 13 of the Act, 1955.
HC has rightly held that dissolution of marriage through Panchayat as per custom prevailing in that area and in that community permitted cannot be a ground for granting divorce u/s. 13 of the Act, 1955 – Moreover, in case the appellant wanted a decree on the basis of customary dissolution of marriage through Panchayat, he would not have filed a petition u/s. 13 of the Act, 1955 – Filing this petition itself means that none of the parties was of the view that the divorce granted by the Panchayat was legal – No reason to interfere with the well-reasoned judgment of the HC – Appeal dismissed
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