wrong date mentioned
priya
(Querist) 19 October 2009
This query is : Resolved
as i was married on 26th dec 2007 under christian marriage act,my divorce paper had a wrong year mentioned which is 26th dec 2006. it was a mutaul consent divorce. need to get rid of him as quickly as possible please advise what should be done if i get married for the second time with these papers with a wrong year mentioned what can be consequences, and how i can rectify the year mentioned in the papers/
priya
(Querist) 19 October 2009
as i was married on 26th dec 2007 under christian marriage act,my divorce paper had a wrong year mentioned which is 26th dec 2006. it was a mutaul consent divorce. need to get rid of him as quickly as possible please advise what should be done if i get married for the second time with these papers with a wrong year mentioned what can be consequences, and how i can rectify the year mentioned in the papers/
Raj Kumar Makkad
(Expert) 19 October 2009
So far as your re-marriage is concerned, there is no impact of wrong date mentioned in your decree of divorce. You are free to perform it without getting correction therein.
So far as correction is concerned, both the parties to decree can move an application under section 152 of CPC seeking correction in decree, if the same is only on the part of court.
Manish Singh
(Expert) 20 October 2009
under Indian Divorce Act, concept of mutual divorce doesnt exist, so teh marriage cant be dissolved mutually. even if the family court has approved it, it must be anulled by appeal/ revision or so.
please go through this case of apex court :Reynold Rajamani & Anr vs Union Of India & Anr on 30 July, 1982
adv. rajeev ( rajoo )
(Expert) 20 October 2009
You will have to file a miscelleneous case ( review petition) u/s 152 of c.p.c. in the same court where the decree is passed within 30 days from the date of judgement and decree
Manish Singh
(Expert) 20 October 2009
the decree is not valid in the eyes of law. please go through the provisions of the indian divorce act(along with several judgments of the SC) which is applicable on the indian Christians.
priya
(Querist) 20 October 2009
its under section (10a)
Sachin Bhatia
(Expert) 20 October 2009
File a joint application with your ex-husband under section 152 of CPC seeking correction in decree.
Manish Singh
(Expert) 21 October 2009
yeah i agree with you.. an extremely sorry for providing a wrong opinion as the bare acts on internet was not showing updated clauses. the amendment had taken place in 2001 and has been notified also. once again sorry.
