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Dear Sirs,

I got married in November 2008. Lived together till August 2009. From September 2009 to December 2009 lived separately, but later from December 2009 till mid-February 2010 lived together again. And from mid-February 2010 we parted our ways. Finally in August 2010 got a notorized deed of divorce at Gurgaon’s court in the presence of her relatives and mine, in front of a lawyer. And, we are staying in different cities since September 2010. She is an Anesthesiologist by profession, now practicing in her hometown, Nagpur.

To be honest, we did exchange a few emails after August 2010, contacted each other on phone, attempting to reunite. But we realized that we are really not fit for each other, so discontinued all the attempts. So I am still single, and now emotionally prepared to get married again to someone who I can be fit for or adopt kids if things do not work out in next few years.

Well, my passport was expiring in December 2012. So in July 2012 when I applied for a renewal of passport the PAI team (Passport Authority of India) did not accept my notorized deed of divorce as a legal and added her name in my passport as spouse, based on my marriage certificate. I was told that the divorce document I submitted will never be considered as legal! (I did not want to hide and obtain a passport with single status, because she was with me in US on dependent visa from December 2008 to August 2009.)

Request you to advise what should I do to get her name out? Will there be legal complications if I get married to another lady or adopt kids, on the basis of this document?

Just so that you know, from February 2010 till August 2010, she had threatened me (on phone) that she will take a huge amount as alimony or worst case she will not sign and ruin my life – but somehow she signed the mutual deed of divorce in August 2010 (may be under the pressure of her relatives and parents).

Now if I apply for a legal one, what could possibly be the troubles for me (delay of more than 6 months or life time of pain or handsome alimony)?

Is there any way by which based on two plus years of separation I can avail a decree in shorter duration and in my city itself (Gurgaon), or will I have to submit the appeal in Nagpur only?

What if the appeal is registered in Gurgaon but she does not turn up?


Dear Amit
Any deed notarized will not make it a legal Divorce. To get a Divorce, there has to be an order from a competent court. Hence your Divorce is not valid. I suggest you sort it out with your wife and apply for a mutual Divorce. It will take anywhere between 6 months to 18 months to get a Divorce if it is mutual and joint petition. If she is not consenting, then your next option is to file for Divorce alone. You can avail the jurisdiction of the court where in both of of you last resided together.It is better to get married only after you get a Divorce. Otherwise you can be charged for Bigamy.  

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Advocate Manoj Ambat


I can answer any questions concerning Indian Law, that may include Criminal, Civil, Matrimonial, family laws, consumer contracts, agreements personal laws including Hindu Laws and banking laws in India. I do not specialize in tax laws. DISCLAIMER: The profile and the answers given above by the expert are in conformity with the guidelines laid out by The Bar Council of India and is not intended as a means of Personal promotion nor as an Advertisement of services provided by this expert as an Advocate. The questions answered herein are free in nature and are in conformity of the legal aid programs of The Bar Council of India. Please also note that the answers given are specific to each question specified by the questioner and details provided by the same which may not reflect on the actual problems faced by the questioner. Hence it is advisable to personally consult a good Advocate/ Lawyer in your locality for solutions to your problems. The expert and this website does not undertake the accuracy of the answers herein given and the questioner's discretion is advised. FOR THE READERS: The answers given herein should not be considered as a general answer and are specific to the questions asked herein.The answers are only just path finders that leads you on the correct answers. It is always advisable to personally consult a lawyer for specific solutions to your problems


I am an Attorney/Advocate/Lawyer running independent practice having extensive practice in Criminal laws,Civil laws,Family laws,Divorce laws, Guardianship of children and minors,Consumer Laws and rights,Contracts and agreements,Property laws in Kerala,Labour laws,Medical negligence,personal laws including Hindu Laws, Tribal laws and rights and Motor Accident Claims for the past 13 years.

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