AI Overview...
- Validity of Divorce Deed Executed at Sub-Registrar Office
- The validity of a divorce deed registered with the Sub-Registrar depends on whether it aligns with prevailing customs and legal requirements. Such deeds, when executed and registered properly, are considered valid evidence of divorce, especially if both parties have lived separately and the deed is recognized by relevant authorities. Dipika Amrutbhai Patel VS Vishwam Parmanand Patel - Gujarat
- However, the mere registration of a divorce deed before the Sub-Registrar does not guarantee its validity if it conflicts with customary practices or if objections are raised by parties or affected individuals. Customary divorce deeds require acceptance within the community and may be challenged if not in accordance with customary laws or if contested in court. Sonalben Keyurbhai Patel D/o Rameshbhai Naranbhai Patel VS Superintendrnt Regional Passport Office - Gujarat
- Courts may scrutinize the validity of such deeds, especially when they are executed out of court or based on customary practices, and may refuse to uphold them if they are found to be invalid or fraudulent. The authenticity and acceptance of the deed by the community and parties involved play a crucial role. Yamanaji H. Jadhav VS Nirmala - Rajasthan
- In cases where the deed is challenged, courts assess factors like consent, customary procedures, and compliance with legal formalities. Registration alone does not automatically confer validity if other legal or customary requirements are not met. Bhartiben W/o Amitbhai Vitthalbhai And D/O Ravjibhai Kavani VS Amitbhai Vitthalbhai Sojitra - Gujarat
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Overall, a divorce deed executed at the Sub-Registrar Office is generally valid if it complies with legal formalities and customary practices, but its enforceability can be contested based on the circumstances of execution, objections from parties, or non-compliance with customary laws. Dipika Amrutbhai Patel VS Vishwam Parmanand Patel - Gujarat, Sonalben Keyurbhai Patel D/o Rameshbhai Naranbhai Patel VS Superintendrnt Regional Passport Office - Gujarat, Yamanaji H. Jadhav VS Nirmala - Rajasthan
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Analysis and Conclusion
- The validity of a divorce deed executed at a Sub-Registrar Office hinges on proper registration, adherence to customary laws, and the absence of objections from involved parties. While registration provides legal recognition, the deed's acceptance depends on community norms and legal scrutiny. Courts may invalidate such deeds if they are found to be fraudulent, not in accordance with customary law, or executed without proper consent. Therefore, each case requires careful examination of the circumstances surrounding the deed's execution and registration.
Search Results for "What is the Validity of the Divoce Deed Xecuted at Sub Registrar Office"
2010 0 Supreme(Guj) 409 • India - Gujarat
A.L.DAVE, V.M.SAHAI
of Divorce executed between the parties to the Suit and registered with the Office of Sub-Registrar, is as per the prevalent custom ... of divorce executed by parties, registered with Sub- Registrar, is a valid document of divorce - The parties lived separately for ... , they are entitled to relief of declaration that they case to be husband and wife by virtue of such deed of divorce#HL_....
2010 0 Supreme(Guj) 171 • India - Gujarat
K.A.PUJ
Deed duly registered before Sub-Registrar or authenticated by the Court cannot be sustained since customary divorce can be said ... to be permissible unless it is objected by either party to the divorce deed or any person who is directly affected by the divorce ... deed. ... Pursuant to the petitioner’s application the passport authority has written letter on 26.2.2010 to the petitioner seeking certified copy of the Divorce #HL_STAR....
2011 0 Supreme(Bom) 605 • India - Bombay
A.P.LAVANDE
were not governed by the Family Laws or Laws of Succession applicable to the State of Goa, as the Will was registered by Joint Sub-Registrar ... Merely because she styled herself as the wife of Anthony Noronha in the sale-deed by itself would not be sufficient to confer validity ... Law of Divorce - Articles 4 and 11-Validity of marriage-Wife performed second marriage during subsistence of first marriage-Only ... Sub-Registrar, the same would not be ....
2010 0 Supreme(Ker) 517 • India - Kerala
S.SIRI JAGAN
of the deed of cancellations are hereby quashed - The Sub Registrar shall not wait for such production for making appropriate changes ... , 4th respondent executed and registered a cancellation deed - He cancelled earlier sale deed on the ground that petitioner has not ... was executed and registered assigning the properties in favour of petitioner by the 4th respondent - After more than 131/2 years ... But that does not mean that the sub-r....
2004 0 Supreme(All) 1231 • India - Allahabad
TARUN AGARWALA
ACT - The court discussed the validity of the sale deed executed by Sita Ram and the cancellation suit filed by Kanhaiya. ... The court found that the sale deed was fraudulently executed without any consideration and was fictitious. ... FRAUD - SALE DEED CANCELLATION - U.P. Z.A. AND L.R. ... Registrars office for executing a will. ... On the other hand the defendants have categorically stated that Sita Ram consciously and willingly executed....
2012 0 Supreme(Mad) 3728 • India - Madras
D.HARIPARANTHAMAN
Issues: The key issues included the validity of the settlement deed, the interpretation of the power of attorney, the actions ... Finding of the Court: The court found that the disputed questions of fact, including the validity of the settlement ... deed for disputed properties. ... The Sub Registrar, Office of Konur Sub Registrar, SIDCO Nagar, Chennai-49 and others) ... (ii) 2009(5) L.W. 349 (P.Sivakamisundari and another v. .....
2021 0 Supreme(Guj) 609 • India - Gujarat
J.B.PARDIWALA, VAIBHAVI D.NANAVATI
Office of Registrar of Marriage - Over a period of time, matrimonial disputes arose between appellant and opponent - It appears ... Section 29(2) of Hindu Marriage Act, 1955 - Section 29(2) and 13 - Evidence Act, 1872 – Section 3 - Matrimonial disputes - Customary deed ... parties was not possible, respective family members and relatives of parties decided to dissolve marriage by way of a customary deed ... The marriage was registered with the Office of the Registrar of Marriage on 27.....
2002 0 Supreme(Raj) 190 • India - Rajasthan
N.S.HEGDE, DORAISWAMY RAJU
(otherwise through the process of or outside court) in their community and then test the validity of the divorce deed dated 26.6.1982 ... In our opinion, even though the plaintiff might not have questioned the validity of the customary divorce, the court ought to have ... Divorce between the parties by a deed out of Court – A divorce by consent is not recognised by a Court unless specifically permitted ... It is also stated that subsequently under th....
2002 1 Supreme 473 • India - Supreme Court
DORAISWAMY RAJU, N.S.HEGDE
(otherwise through the process of or outside court) in their community and then test the validity of the divorce deed dated 26.6.1982 ... In our opinion, even though the plaintiff might not have questioned the validity of the customary divorce, the court ought to have ... Divorce between parties-By a deed out of Court-Two Courts declined to cancel it and High Court cancelled it -Appeal to Supreme Court-Whether ... It is also stated that subsequently under threat and c....
2017 0 Supreme(Kar) 1212 • India - Karnataka
SREENIVAS HARISH KUMAR
NO. 16/1908] - Section 58(1)(c): Execution of registered partition deed - Requirement of endorsement by Sub-Registrar - Endorsement ... plaintiff at time of execution and plaintiff acknowledging receipt of same - Endorsement of Sub-Registrar, not necessary. ... settlement going to take place between parties - Plaintiff admitting her thumb impression on document - Absence of endorsement of Sub-Registrar ... It means to say that the parties might have gone to the #HL_ST....
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