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Kulraj9999 (Accounts)     10 January 2014

Rectification in mcd decree

Dear Experts,

I got MCD under 13B in the month of September'13 from Family Court, Pune. Received a Decree from the Court. After reading a Decree carefully, it is found that there is a typing mistake by a Clark. He has omitted one small line in Consent Terms in Decree, which become contradictory with its following sentence and is not as per consent terms in our Petition. Kindly let me know following:

1) Process for Rectification in Decree

2) What is the process, if another Petitioner refuse for Rectification in Decree due to some reason/s?



Learning

 7 Replies

aap (manager)     10 January 2014

Dear I need ur advice  could u please tell how much time the process of divorce took time beteen 1st and second motion and time to get decree after diccvorce

Thanks

Adv.Vandana Vaidya (Advocate & Regd. Patent Attorney)     10 January 2014

Rectification in a mutual consent decree will take almost the same time or even more as that of the decree. Since your case is divorce by mutual consent, once you file an application for rectification the other party will be called in the court of law and then only on mutual agreement rectification will take place. Further, you should also be able to prove that, the original consent terms are different than the decree, then only this correction is possible. Moreover, the other party should co operate in the whole process. If you make and joint application, probably the time consumed will be less.

Adv.Vandana Vaidya (Advocate & Regd. Patent Attorney)     10 January 2014

Rectification in a mutual consent decree will take almost the same time or even more as that of the decree. Since your case is divorce by mutual consent, once you file an application for rectification the other party will be called in the court of law and then only on mutual agreement rectification will take place. Further, you should also be able to prove that, the original consent terms are different than the decree, then only this correction is possible. Moreover, the other party should co operate in the whole process. If you make and joint application, probably the time consumed will be less.

aap (manager)     10 January 2014

dear member after passing of second motion how much time will it took to get the copy of decree divorce

Kulraj9999 (Accounts)     10 January 2014

Kulraj9999 (Accounts)     10 January 2014

Dear Madam,

.

Thanks for your reply.

.

As per our Mutual Consent Petition, terms as follows: "The petitioner no. 1 & the petitioner no.2 do not hold any property jointly nor do they have any joint account and, accordingly, the properties belonging in the name of Petitioner no. 1 shall continue to remain & be enjoyed by the petitioner no. 1 & the properties belonging in the name of Petitioner no. 2 shall continue to remain & be enjoyed by the Petitioner no. 2. The parties hereby grant & release all right, interest & privileges in the properties whatsoever of the other party & both the parties shall be entitled to their own properties & to hold & stand possessed of their own properties & enjoy the rents & profits thereof without any suit, interruption, claim or demand by the party of the other part."

.

Whereas in Decree, it is typed as follows: "The petitioner no. 1 & the petitioner no.2 do not hold any property jointly nor do they have any joint account and, accordingly, the properties belonging in the name of Petitioner no. 1 & the properties belonging in the name of Petitioner no. 2 shall continue to remain & be enjoyed by the Petitioner no. 2. The parties hereby grant & release all right, interest & privileges in the properties whatsoever of the other party & both the parties shall be entitled to their own properties & to hold & stand possessed of their own properties & enjoy the rents & profits thereof without any suit, interruption, claim or demand by the party of the other part."

.

They have missed out the sentence: "shall continue to remain & be enjoyed by the petitioner no. 1 "

.

Kindly guide me does this require Rectification in Decree?

.

What are the consequences if we don't get it rectified?

.

In case Petitioner no. 2 claims for it in future, can we fight based on Petition filed by us and endorsed by the Court?

Kulraj9999 (Accounts)     17 January 2014

Dear Madam, . Thanks for your reply. . As per our Mutual Consent Petition, terms as follows: "The petitioner no. 1 & the petitioner no.2 do not hold any property jointly nor do they have any joint account and, accordingly, the properties belonging in the name of Petitioner no. 1 shall continue to remain & be enjoyed by the petitioner no. 1 & the properties belonging in the name of Petitioner no. 2 shall continue to remain & be enjoyed by the Petitioner no. 2. The parties hereby grant & release all right, interest & privileges in the properties whatsoever of the other party & both the parties shall be entitled to their own properties & to hold & stand possessed of their own properties & enjoy the rents & profits thereof without any suit, interruption, claim or demand by the party of the other part." . Whereas in Decree, it is typed as follows: "The petitioner no. 1 & the petitioner no.2 do not hold any property jointly nor do they have any joint account and, accordingly, the properties belonging in the name of Petitioner no. 1 & the properties belonging in the name of Petitioner no. 2 shall continue to remain & be enjoyed by the Petitioner no. 2. The parties hereby grant & release all right, interest & privileges in the properties whatsoever of the other party & both the parties shall be entitled to their own properties & to hold & stand possessed of their own properties & enjoy the rents & profits thereof without any suit, interruption, claim or demand by the party of the other part." . They have missed out the sentence: "shall continue to remain & be enjoyed by the petitioner no. 1 " . Kindly guide me does this require Rectification in Decree? . What are the consequences if we don't get it rectified? . In case Petitioner no. 2 claims for it in future, can we fight based on Petition filed by us and endorsed by the Court?

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