Divorce
kirti kelkar
(Querist) 15 February 2013
This query is : Resolved
My sister got divorce. In their affidavit the date and year of marriage is correct. But the year of marriage listed in the decree is wrong. Does it affect her divorce in any way? Does her husband get any rights of the property she has? Does it mean that she is officially divorced?
The problem is her ex-husband is not ready to appear in the court for changing the year to correct one. It appears that it would require them to be present in the court 3-4 times just to change this year. Is it advisable to change this year? If yes, what is the way my sister should do this?
prabhakar singh
(Expert) 15 February 2013
Apply for amendment and correction of judgement and decree under provisions laid in section 152 read with section 151 of the code of civil procedure.The court shall issue notice to ex-husband and after service of notice,if he does not turn up correction would be ordered to be made where after you should obtain a fresh certified copy so amended.
It would be wise to do so as guided here.
ajay sethi
(Expert) 15 February 2013
agree with prabhakar singhji
kirti kelkar
(Querist) 15 February 2013
If no action is taken,then does it mean that their divorce is not official? Does it also mean that he can claim right to her property?
Raj Kumar Makkad
(Expert) 17 February 2013
There is no need for the ex-husband of your sister to come present before the court to get the decree corrected as your sister can also do the same without his involvement.
kirti kelkar
(Querist) 21 February 2013
Raj Kumar Sir,
Should it be done the same way as prabhakar singh sir has described or is there any other way?
