• Spelling mistake in Divorce Decree - options to fix

My wife's divorce decree from her previous marriage has the wrong spelling in the surname of my stepchild in one place (there is just a single letter error - I instead of A). The surname is spelled correctly everywhere else in the decree for my wife, her ex husband and my stepchild as well. We now need to use this document for immigration sponsorship purposes. My question is - 

- What is the process to amend the document, is it simple or will it take a long time.
- If the amendment process takes a long time or is impossible, can we get a certificate from the divorce court that there is an error in the document that we can attach with the document (as a clarification)?
Asked 5 years ago in Family Law
Religion: Hindu

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16 Answers

Dear client, 

Its not a long process , any party can file application in court under civil code to make spelling correction. Few days thing.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Yes , same court and Local lawyer will do the job.

Just provide lawyer Vakalatnama signed by wife.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

1) You can get rectified copy of decree from same court.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

1) make an application to court for speaking to minutes of order

 

2) mention there is typographical error in decree 

 

3) court would pass order for correction of spelling name in order 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

1) it has to be filed in same court where divorce decree was passed 

 

2) presence of parties is not necessary 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

1. For correcting the mistake out of typing or human error like this the court is competent to correct the decree.

2. So to do this you can file a petition u/s 152 CPC seeking he correction on which basis the court will correct the mistakes.

3. Since the decree copy would be in use in future get it corrected soon.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

You can file application under section 152 Civil Procedure Code for the correction of the Judgement before the court who has passed the order and judgement by attaching the certified copy of the judgement with the application

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Yes you have to submit in same court. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Yes you can file the application in same court it will be rectified there.

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

An affidavit for same can be made and certified copy of divorce petition and order can be used to suport the Affidavit.

Alternatively an application before court can be filed to rectify typographical error In the order.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Yes the application has to be filed in the same court.Wife can sign a vakaltanama local lawyer can take care of same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

An amendment application needs to be filed in the same family court which passed the decree and it will order to effect necessary changes in the decree. The lawyers will take Care of it and the opposite  parties should also be informed by giving a copy of the application.

Regards 

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

1. Your wife has to file an application for the amendment of decree to correct the typographical error therein.

2. The amendment process should not ordinarily take longer than a month.

3. The application can be filed only in the court which has passed the decree.

4. Your wife should in the fitness of things remain present in the court as the court may want to inquire from her before ordering amendment.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

  1. As per the information mentioned in the presnet query, makes it clear that you wish to get the spelling corrected in the decree.
  2. For the same, you would have to file an application under section 152 of CPC in the filing counter of the district court (there is no need to file it in the same court, it will go to that court only or to other bench for matrimonial cases, it is for the registry to decide).
  3. Yes, local lawyer can get it filed and can also argue the matter, there is no need of her being there as this is the civil case.

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

The process to rectify the mistake in the decree including spell  mistake  is to give an application to the concerned court seeking to rectify the mistake in the judgment drawn with documentary evidence.

It  may take at  least  two  months for  doing this  rectification, however it depends on the court.

 

You  cannot  get  any  certificate  to  this  effect  from the  court which  granted  divorce.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Yes, the application need to be submitted to the same court where the divorce decree was granted.

She need not be physically present until and unless she is filing this application as party in person.

Her lawyer can take care of this.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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