Stamp paper par talak lekar ki dusri shadi

1 year ago

Meri shadi hindu samajik riti riwaj se hu thi. Shadi ke bad dono me jhagde hote the.fir ek year ke bad meri wife ke ghar wale mujhe or meri family par marpit or dahej ke jhute complaint police me karne lage. Vo faisla kar na chahte the. Fir panchayat me stamp paper par rajinama likhkar us par gawaho ke sign Kara kar notary kra diya mujhe bhi majboori me sign karne pade.uske 15 din bad meri wife ka call aya fir hum Milne lage or batein hone lagi. Vo kehti thi ki main vapis aana chahti hu par maa nahi man rhi. Vo kehti thi main mna lungi apni maa ko. Aisa 9 mahine tak chalta raha par usne achanak se kisi or se shadi kar li.uski shadi uski or uski maa ki marji se ki gayi. Ye mere sath dhoka hua hai. Maine lawyer se bat ki to vo kehta ab kuch nhi ho sakta kyuki stamp paper par dono ne sign kiye.par kaha tak mujhe pata hai stamp paper par talak invalid h. Lawyer ye bhi kehta hai ki supreme court ne section 494 bigamy ka remove kar diya hai.
Please help me main kya karu.

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Anik

Responded 1 year ago

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A.A notarized divorce cannot be used as evidence in court. Only the court for which a petition is filed has the authority to grant divorce. According to Section 13B of the Hindu Marriage Act, mutual separation is to be handled properly. The court will take down the parties' joint statement and issue the first resolution, giving them both six months to settle their differences. However, the court will issue a divorce decree if neither party is able to settle the disagreements within the allotted time. A mutually agreed-upon divorce therefore takes 6-7 months.

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Anonymous

Replied 1 year ago

Main ye janta hu jo ap bata rahe hai. Mera question ye hai ki usne mujhse stamp par divorce lekar fir dusri shadi kar li to usme main uske khilaf against kya kar sakta hu. Ye to pata hai mujhe ki court hi deta hai divorce ko.pahle sir pura dekh to m kya kehna chahta hu.
Thanks for ur upcoming answer

ARSHAD ALI ZAIDI ADVOCATE

Responded 1 year ago

A.Divorce by a notary is not admissible in court. The power to grant divorce rests only with the court for which a petition is filed. The proper method for mutual separation is as per Section 13B of the Hindu Marriage Act. The court shall record the joint statement of both the parties and pass the first resolution giving 6 months time to both of them to resolve their dispute. However, if both the parties are unable to resolve the issues within the stipulated time, the court will pass an order of divorce. Therefore, divorce by mutual consent takes 6-7 months.
In the case of Mahendra Nath v Sheela Devi, the Supreme Court of India held that the Hindu Marriage Act, 1955—divorce obtained through a Panchayat in accordance with the local customs of the particular community was not recognized in any court of law. Will go For a valid divorce, essentially a judicial order from a court of law is required and nothing less.

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