Hello,

One of my friend's wife obtained divorce before CJSD with mutual consent by filing petition u/s 13-B of the Hindu Marriage Act some time back and the decree is already passed.

Her maiden name was "ABC" and after marriage she became "XYZ".

In the said marriage petition while taking divorce, and her supporting affidavit, she clearly declared that, after divorce, she will not use the name of her husband i.e. her matrimonial name (XYZ) in future and that she will be known by her maiden name only (ABC). She also declared in the petition and her affidavit that she will withdraw the pending cases against the husband after divorce and will ensure that no legal actions are taken against the husband in the pending cases, which were filed by her, untill the said case is fully withdrawn/closed by her.

However, after the divorce, she again approached the J.M.F.C. Court, where the old pending cases are, and now she, in that old name of XYZ (her matrimonial name) is again proceeding in that matter with her cunning motives.

Is it now possible for her to continue in the old cases, that too by continuing the matrimonial name (XYZ)? Or is it that the pending case has automatically become void, as she had declared that she will not use the same name (XYZ) after divorce ??  In such case, she cannot even withdraw the pending case after divorce, as the pending case was filed by her using her matrimonial name (XYZ).

Please advise...

Thank you.