2024GeneralLatestLegalOctober 2024

Notary has no powers to execute marriage / divorce deeds

Office Memorandum dated 10.10.2024 of the Ministry of Law and Justice (Department of Legal Affairs – Notary Cell) that the Notaries appointed under the Notaries Act, 1952 should desist from executing marriage or divorce deeds as they are not appointed as Marriage Officers.   Such actions on their part are against the extant law and amount to misconduct for which action will be taken in accordance with the Notaries act, 1952 and the Notaries Rules, 1956.

notice for notaries for marriage.pdf (legalaffairs.gov.in)

Section 8 of the Notaries Act, 1952 and Rule 11(8) of the Notaries Rules, 1956, show that the execution of the marriage or divorce affidavit is not the function of the Notary.   They do not authorise any Notary to notarise an affidavit of marriage or divorce.   A Notary has not been appointed as a Marriage Officer.

 

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