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Can minor grand-daughters - property - divorced grandfather

Dear Friends,

Let me explain the Scenario.

A --> is the Husband
B --> is the Wife

C --> is the First son - C has 2 daughters who are minors as of now.
D--> is the Second son

E--> is another woman

Due to some issues, A filed divorce case and after 7 to 8 years of time,
B and B's parents got fed up roaming around the court and they gave up and took the responsibility of B, C and D.

And A after some years got Ex-Parte divorce decree. (A says that he got, but there is no Strong proof that he got the decree by family court).

Meanwhile A got married to another woman E.

B, C, and D approached court, but the Judgement papers are missing somewhere between the subcourts in the same premises and B, C, and D made all attempts to get the judgement copy through CA, but to no avail. (As A gave money to lawyers and as it has been many days and B did not attend court trials there is no proper information whether A got official decree or not. A managed even the B's side lawyer as well.)

So, now my question is can B, C, and D ask "A" through RTI to produce the court-granted Ex-Parte Divorce Decree.

if so, how.

And also please let me know whether C's daughters have right over A's self-acquired property as they are granddaugters to A.

Thanks in advance.



 9 Replies

saravanan s (legal advisor)     10 May 2015

Rti cant be filed on private persons.C daughters cant claim any property of A till he is alive


officially "B" has a right to file a petition in the family court and obtain the divorce decree papers.

B,C and D approached court but the judgement papers are missing,if    U  know the case no U can get it online "ecourts.gov.in".,



Dr J C Vashista (Advocate)     10 May 2015

A is a private person hence provisions of RTI Act, 2005 are not applicable, however, the application under RTI Act, 2005 should be addressed to District Judge/ Principle Judge (if it is a family court case) with all available details of the case, where the judgment can be provided.

When, how and where did B came to know about ex-parte decree of divorce, what is her advocate's opinion and advise?

C's daughters can claim right in the self-acquired property of A after his death, if the property is not disposed of.

1 Like


Dr. J C Vashista sir,

Actually the decree date is 23-07-2007.  To be frank sir, the lawyer who is on B's side has also been managed by A and when B approached lawyer recently, he is not cooperating in giving the court case number as well, even all the court papers are with the lawyer itself and only couple of papers are with B and in that we got the OS no and final decree date that I mentioned.  With this when B approached court to get the judgement copies by applying CA, in the record room in the register against the given case number the entire row is empty and the court people are saying that it might get stuck in between the family court somewhere in the subcourts. 

Now, A worked in Electricity department and retired in the year 2008, but as his working/record is not clear, he did not get his pension till date.  So, A is trying to clear all his Service book in order to get his Pension and arrears from 2008 to till date. 

And A is not at all favorable to B or Sons.

So, B in order to know whether he actually got decree or not, approached court, but no body is cooperating.  The 2 lawyers A's lawyer and B's lawyer himself are not supporting as they are managed by A. (sorry to say this...but this is the fact)

Sir you said "C's daughters can claim right in the self-acquired property of A after his death, if the property is not disposed of."

So, how to stop him disposing his self-acquired property or his pension to be given to the other woman whom he married. 

And what are the precautionary measures, we can take.

Is it legal, if B and/or Sons can file an RTI application seeking Certified copy of A's Service Book.  

I am asking all these questions because B when approached court, the lawyers assistants took money and did not help or assist in getting the certified judgment copy/decree and the lawyers as well....so if B approaches any lawyer in the city, he will get connected to the lawyers of A and B and the matter again may come to dilemma, that is why I am trying to know things through this medium.

Thanks in advance.


T. Kalaiselvan, Advocate (Advocate)     11 May 2015

@Querist:  I may have to differ with the opinion of Dr.Vashista that even if A dies intestate, his property will not devolve upon C's son or daughter because C is alive and asa legal heir only he can claim a legitimate share in the proeprty.  

Now sincethe lawyers are corrupt and they have changed sides,B can get the details of disposal of the case through RTI too and also she can get the service particulars more so the pension details of A through RTI as his legally wedded wife, if the employer refuses she can approach the court with an injunction suit and can procure the details through court order. 


Dear Kalaiselvan Sir,

Could you please help me in drafting the RTI application to get the certified judgement/Divorce decree copy of the district court.

This case is related to Warangal District Court Complex, Telangana State.

Divorce date :23-07-2007 and the number is OS XXX/95.....as this is old data and is not computerised  and hence not available online.

Thank you in advance.



T. Kalaiselvan, Advocate (Advocate)     12 May 2015

Dear querist:  Well, if you want to utilise my services, it will be on a nominal fee, instead you can contact a local advocate who will be able to do it in person on the same charges or you can send a  detailed PM in this regard, shall see what best can be done for you. 

1 Like

Adv k . mahesh (advocate)     13 May 2015

in my view as per your conversation you said that

A after some years got Ex-Parte divorce decree. (A says that he got, but there is no Strong proof that he got the decree by family court).

as of now if no divorce means B is legally wedded wife and she can file a bigamy case against her husband and can put injunction on the property as he may dispose off the property or will write whole property to E's name and also to stop his pension till the case decide and finally he has to prove that he got ex-parte divorce and E is his second wife

may be the process is big but you will succeed in this way or as said above you can proceed if the case number is correct

1 Like


Dear K. Mahesh Sir,

Actually, when B and Sons applied CA for decree copy/judgment copy, the record room person told that record might be stuck in the family court premises and in the register of that particular year against the case number that row is completely empty/blank, but the subsequent above and below case numbers some information is there and hence, the record room person said as there is no info in this register that he cannot clearly say where the papers might be, so at this point of instance what my view is something has taken place in the background and also please be informed that both lawyers assitants, A's lawyer's assitant and B's lawyer assitants they both made B and sons roam around court every alternate day just passing the time for about 8 months you believe it or not sir.....seeing this scenario it is very much clear that the papers are wantedly misplaced or he might not have any decree with him.

So, at this point, please guide B and sons what to do ......can i write to Warangal district court through RTI and doubt is whether asking decree copy through RTI is acceptable for this court.

All the monetary benefits of of A are stuck within the department as his service record is very bad and at this instance.....guide B and sons.

And also please be informed that there is no clear cut info or evidence to show that B and sons have been roaming around the court for 8 months or above except the lawyer's assistants cooperate.

Sir, I am asking out of ignorance, will there be any situation like judgment copies missing in the court in real??.  Is there any case like this where the judgement copies are not traceable in the court??

Thanks in advance




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