Execution of Marriage and Divorce Documents by Notary is Not Legal
- In India if the bride and the groom follow same religion, then marriage can be performed as per religious customs, practices and rituals i.e. Nikah for people practicing Islam and Saptapadi for people practicing Hinduism. A marriage can be proved by the statements of persons attending the marriage i.e. family, friends, relatives, guests, witnesses, priest who performed the marriage ceremony or by documentary proof i.e. Marriage photographs, marriage video, extract of marriage register maintained by the temple/mosque/gurudwara/church etc.
- If the bride and the groom follow different religions, then their marriage has to be registered in the office of the Registrar of Marriages under the provisions of The Special Marriage Act, 1954.
- There is no other way of entering into marriages in India. However few notary misuse their influence over unsuspecting/laymen parties and they prepare a marriage deed/certificate that is executed by the bride and the groom, without following customs, traditions and rituals.
- Marriage taking place via a marriage deed/certificate has no legal sanctity and it does not create any bond of marriage between two parties. Courts declare such marriages as void marriages and same affects application of personal laws on the subject matter of validity of marriage, legitimacy of children, maintenance, adoption etc.
- There are incidents wherein unsuspecting/laymen parties at the advice of a notary execute a deed of dissolution of marriage and they believe that their marriages are dissolved by execution of a divorce deed before the notary. Marriage can be dissolved only by obtaining divorce decree from a court having competent jurisdiction. No one else has any authority to dissolve a legal marriage. If a person believing that his/her marriage is dissolved through a notarized divorce deed remarries, then such marriage amounts to bigamy punishable under the criminal laws. The spouse with whom second marriage is performed may file a criminal case that his/her partner is guilty of bigamy, claiming that the other party had a spouse living at the time of marriage. Such scenario may result into further complications ruining a person’s reputation in the society.
- The notarization of marriage declaration or deed of marriage or deed of divorce is beyond the scope of a notary under Section. 8 of The Notaries Act, 1952. Many state governments have issued circulars restricting the notaries from execution of marriage deeds and divorce deeds. There are judgments of several High Courts that declare that execution of marriage deed does not bring valid marriage into existence and execution of divorce deed does not bring a legal marriage to an end.
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