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How to write a divorce notary application for Null and Void Case?
A couple got married and the guy is an Impotent(unfit) for the marriage life. so the girl filed the case on him. the case went on for many years(5-6). but proper judgment wasn't given, also the final verdict is not given yet as she couldn't prove his Impotency. so, as the girl wanted to get dissolved from this she took the case to some local PC in order to get a solution for it. and in the presence of mediaters she then demanded some amount from the guy on compensation and he is willing to give that. but the thing is she is unaware of the procedure as to what all to be written in that mutual agreement(divorce notary). like, this doesn't comes under a mutual divorce, it is something where in the guy is having Impotency, no relation between a girl and a guy for many days after being with him. so can she specify all this matter about guys Impotency in that notary?(because he is still not proved legally by court). Secondly, can she mention the amount which she is taking from him in that? apart from including all the cases filed on him for withdrawing, how are the points to be written in this kind of null and void cases.
No lawyer is guiding her in a proper way, please give some important suggestions on what points to be specified to be strong/secure from the girl side. please do reply to this.
thanks :)
3 Answers
- 8 years agoFavorite Answer
Any decree of divorce in India is issued by the Competent District Court not notaries sitting outside Court Premises.
The Divorce by mutual consent is joint petition that is filed by both parties in the District Family Court and both parties appear before the presiding officer/judge two times at the gap of at least six months to dissolve the marriage, their joint statement on oath with regard to consent for the marriage wherein they both are living separately for more than at least one year is made, being satisfied of one years separate living of both and free consent of both for the dissolution of marriage even after six months of cooling period, the presiding officer/judge dissolve the marriage and issue the decree of divorce.
There is no other ground required to be proved for this form of divorce, now in the given case whether the man is impotency or not is no issue, just there is no husband wife relationship for more than one year that is important and in the given case there has been 5-6 years of separation between both of them and both give their consent for divorce, so no problem will arise in such divorce case proceeding, provided they get good divorce advocate to handle their case in the competent court only.
The impotency of the husband could not be proved in the court in previous court proceedings so the marriage still exist, no question of calling it null and void marriage.
Source(s): I am a Lawyer. - Anonymous5 years ago
No your still divorced... You can re marry the person if that's what you both want .. But for now no it's not null and void a divorce is a divorce.. Once the papers have been signed and so forth.. Sorry ..
