Dear client,
Its not a long process , any party can file application in court under civil code to make spelling correction. Few days thing.
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)?
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Dear client,
Its not a long process , any party can file application in court under civil code to make spelling correction. Few days thing.
Does the application need to be filed in the same court as where the divorce decree was issued? Also does the party (my wife) need to be present when filing the application or can a local lawyer take care of it? I am asking this as the divorce decree was issued in Dehradun and I and my wife live in Hyderabad. Thanks..
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
1) it has to be filed in same court where divorce decree was passed
2) presence of parties is not necessary
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.
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
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.
Yes the application has to be filed in the same court.Wife can sign a vakaltanama local lawyer can take care of same.
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
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.
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.