Notaries and Oath Commissioners Cannot Execute the Divorce/Marriage Documents: MP High Court


The MP High Court in a recent order in the case of ‘Mukesh s/o Laxman @ laxminarayan VS State of MP’; held that the notaries and oath commissioners have no authority to execute the divorce documents and marriage documents. The Notary Act defines the job of a notary officer. According to that, he cannot perform the marriage by executing the documents of marriage. And, he also cannot execute the divorce documents. And the court clarifies that failing of the guidelines will leads to the cancellation of their license. In this case, the complainant filed an application against three respondents. In his application, he stated that the wife fled away after 5-6 days of marriage.

The court held that not only the respondents are liable for a forged marriage performed with the complainant but the notary is equally liable. The Court directs the law commission to look into the matters of how the notary and oath commissioner is executing the documents of divorce and marriage that are not permissible under the law.

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