As per the said query, Notary marriages usually happen in small villages where a meagre amount of two thousand or so is taken on an issue of marriage certificate from a notary. Even people getting married in the Arya Samaj Mandir get their marriage certificate from the mandir or through notary which is invalid.
The so called certificate issued by a notary is more like an affidavit where on a plain paper the names of bride and groom are mentioned stating that they are married to eachother but it stands no evidence of marriage in the court of law.
So, even if we agree to the former boyfriend’s argument, the truth is that notary marriage is totally invalid in India. A notary cannot issue marriage certificates legally to the wedded couple. So, even if they woud have gotten married through a notary it will be not considered as a marriage in the eyes of laws.
Marriages solemnised under various marriage Acts and marriage certificate issued by the Marriage Registrar are the only marriages considered to be valid in the eyes of law. You and your girlfirend can without any issue get married to eachother under any of these acts as notary marriage is invalid and certificates issued under such marriage are fake.
Notary is neither authorised to grant marriage certificates nor to grant divorce.
For registration of a valid marriage:
1.Verification of all the documents is done on the date of application and a day is fixed and communicated to the parties for registration.
2.On the appointed day, both parties, along with 1 witness each from both sides, who attended their marriage, need to be present before the SDM.
3.The certificate is issued on the same day.
Reference: Section 8 in The Hindu Marriage Act, 1955
Registration of Hindu marriages.
(1) For the purpose of facilitating the proof of Hindu marriages, the State Government may make rules providing that the parties to any such marriage may have the particulars relating to their marriage entered in such manner and subject to such conditions as may be prescribed in a Hindu Marriage Register kept for the purpose.
(2) Notwithstanding anything contained in sub-section (1), the State Government may, if it is of opinion that it is necessary or expedient so to do, provide that the entering of the particulars referred to in sub-section (1) shall be compulsory in the State or in any part thereof, whether in all cases or in such cases as may be specified, and where any such direction has been issued, any person contravening any rule made in this behalf shall be punishable with fine which may extend to twenty-five rupees.
(3) All rules made under this section shall be laid before the State Legislature, as soon as may be, after they are made.
(4) The Hindu Marriage Register shall at all reasonable times be open for inspection, and shall be admissible as evidence of the statements therein contained and certified extracts therefrom shall, on application, be given by the Registrar on payment to him of the prescribed fee.
(5) Notwithstanding anything contained in this section, the validity of any Hindu marriage shall in no way be affected by the omission to make the entry.
In one of the cases, High of M.P had held that,The job of the Notary is defined under the Notary Act. He is not supposed to perform the marriage by executing documents. Neither the Notary is authorized to perform the marriage nor competent to execute the divorce deed.Ó