Name correction in divorce order and decree
Anushka
(Querist) 19 November 2012
This query is : Resolved
Dear Sir, around 10 years back i got divorced and just recently i picked up my divorce order and decree. To my surprise, there is a spelling mistake in my name, i checked with the section department and they Informed me that the name in divorce order and decree is same as written at the time case was registered and now its not possible to do anything. Could you please advice me on the procedure to change the name in my order and decree or to file an affidavit.
V R SHROFF
(Expert) 19 November 2012
Decree of divorce was drawn from Petition, and it Contains List of Documents with your identification. So Whatever Documents produced must have your real name like School Leaving Cert/ Wedding Cards/ Photo Id.
If the mistake is from beginning, you have to carry on with same name
If it was by mistake, you file AFFIDAVIT, and publish in Govt Gazette.
Anushka
(Querist) 19 November 2012
Hi, Thanks for your response. All my school leaving certificates, documents have my correct name with correct spelling. We have lodged a complaint with women's cell and they have written wrong spelling. So, can you please guide me to correct my name as i am applying for visa abroad.
ajay sethi
(Expert) 19 November 2012
before signing any documents dont you read what is written ? what were you doing for 10 years? if you had filed fopr divorce in name with speling mistakes the decree passed by court would reflect the sam e name
Devajyoti Barman
(Expert) 19 November 2012
I nay case this is not a big problem.
I believe the mistake must be regarding one or two letter which must not have changed the very identity of yours.
Raj Kumar Makkad
(Expert) 22 November 2012
Move an application under section 152 of Civil Procedure code with the judgment and decree and get the correction but you shall have to move an application supported with the affidavit seeking cononation of delay.
Raj Kumar Makkad
(Expert) 22 November 2012
This application shall have to be moved befoe successor court to the original court which passed the decree 10 years ago. Generally Family Courts are working in almost all Districts so this should be filed there.
