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(Guest)

Divorce decree is fake

Dear Sir,

I got Married in November 2014 and its my second marriage and some how i came to know that  the Divorce decree of my second husband shown to me is fake I want to understand the (HMA no. )which court provide. is it universal or diffrent of each cases.  kindly suggest me how can i apply for certify copy. pls suggest what action can i take if its prove that this decree is fake.



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 7 Replies

Adv k . mahesh (advocate)     18 February 2015

how do you know about the certificate is fake

and if you have the case number and the court which the order is granted you can obtain a certified copy from that court section duly application with paying a normal fees and will get within 15 days and also some court have already can view online website 


(Guest)

Yes sir i am having case no. and when i am logging online its showing some other party name and  details.

Adv k . mahesh (advocate)     18 February 2015

have you entered the correct court name and the case no or even you can check with the name of ur husband and year and from that check with the court name 


(Guest)

yes sir i hv entered the same date/ HMA no. Court name , year  which is mentioning in the  decree. but its not showing his name naither  his wife name.

Adv k . mahesh (advocate)     18 February 2015

normally you can check the case order through the case number and year and if you do not have case number and year then also you can check with the name of the party and check the previous some years like your husband name or his first wife name and year will get some cases on that name from the you have to choose which one is your present husband case 

normally divorce cases takes more than one year and some cases takes 5 years also 

1 Like

(Guest)

Sir, 

i have done everything still its not showing his name. infact have checked previous year also but their  is no detail found.

 

 

Adv. Chandrasekhar (Advocate)     18 February 2015

Monnicaji,

1.  First, do not jump to conclusions.

2. By your query, I understand that he has shown decree certificate to you.  Then you must have got either original or photocopy of the decree.  In that it must have been mentioned the name and address of the court, next case no. and later on party names (both husband and wife), last at the end of the decree/judgment the date of the decree, and finally, the signature and name of the judge.  If the court lies in the place, where you stay, go to the court's office and enquire from there.  Most probably, the files of the cases, which had been decided would be sent to the Record Room. So, this file must have been sent to the Record Room.  On plain paper put an application seeking the inspection of the file and affix the court fee (normally it will be around Rs.5/- only) and submit it to the Incharge.  He will get the file for your inspection.  Sometimes, the file will not be sent to Record Room and will be lying in the court office only.  If so, the record clerk (generally called Ahlmed) will show it to you after you move application as said above.  With a nominal costs you engage an advocate at the court itself for the purpose of inspecting the file and on the very day the advocate get the file and you yourself can inspect the file. 

3.  If the case No. and parties are not tallying, the court office will search the exact case which bears your husband  and his exwife's name and you can inspect that file. 

4.  Now, if actually there was no divorce case and divorce decree and your husband beguiled and tricked you, and the divorce decree you had was a fake, then Ahlmed's search by the case No. and also by year and by titile will bring out the true facts.  For example, if the case no. isxxxx/14, the Ahlmed will search 2014 cases with titles and find out if any typographical mistake happened in the divorce decree you had in your hand.  Similarly, he would try to trace out if any such case was there in his court with the title of your husband and would help you in this regard.

5.  Why I am saying this is, sometimes, case numbers will be typed wrongly or not properly uploaded causing consternation in the public.

6.  After your online search and personal search by visiting the courts, if you come to conclusion, you have been cheated, then you must understand that your marriage is invalid in the eyes of law.  The course of action is to get your marriage declared null and void and at the same time,simultaneously initiate prosecution for bigamy against your socalled husband, which attracts imprisonment.  You can also get civil damages, even though in India people will not pursue such path of seeking civil damages.

If any further enquiry is required in this matter you can call me on 9868332610 between 5 to 6 PM.   


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