Muslim Law--Marriage Cannot Be Dissolved by Notarised Affidavit
A marriage cannot be dissolved through a notarised affidavit alone. Under the Dissolution of Muslim Marriages Act, 1939, lawful dissolution requires proper invocation of statutory provisions. Reference to an affidavit in cross-examination, or submission of a copy of such affidavit in maintenance proceedings, would not constitute sufficient proof of dissolution of the earlier marriage. An affidavit sworn before a Notary Public does not constitute a legally acceptable mode of dissolution of marriage. Without material evidence of lawful dissolution, maintenance under Section 125 CrPC cannot be claimed on the basis of a subsequent marital relationship.
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