• Changes to be made in the decree post final decree/order has been passed by judge in mutual divorce

Hello, 

Is it possible to make any changes in the decree or filed petition by husband/wife post the final oreder has been passed by judge post completion of sox months after apply for divorce by mutual consent if there was any typo error and if yes what tis the time frame ?? As in the petition was mentioned The Petitioner no. 2 shall pay Rs. 6,00,000/-(Rupees Six lakhs only) to the Petitioner no. 1 as the alimony for a whole life within six months...wherein petiton no one is myself and petition no 2 is my husband..
Asked 4 years ago in Family Law
Religion: Hindu

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18 Answers

you can file precipe have papers produced before court for speaking to the minutes of order . mention typographical error in order passed by court 

 

court would correct typographical error 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

A miscellaneous application can be filed before the court for correcting the typographical error in the order court will allow same

 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

No Appeal lies agasint Mutual consent order except by way of writ if such order obtained by fraud. And only typo error than that can be rectify by same court anytime by filling application.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

spouse can file appeal within period of 3 months of receipt of copy of order 

 

if you dont contest divorce decree may be set aside by court in appeal 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

She can file contempt against husband.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

court does not pass orders for divorce unless there is compliance of consent terms 

 

appeal can be filed against decree if spouse fails to comply with consent terms 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

you can file application even after one week 

 

you dont have to pay any charges for correction of typo errors

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

See appeal from mutual.dovorce is not possible though you can file.a writ before.the high.court.to challange same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

As such there is no charges the advocate fee has to be paid and same advocate can file though and any of party can do it.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

See after order is amended and husband fails to pay the amount then a petition before court has to be filed.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Respected mam... 

You can only go in appeal in the decree of court which you obtain by mutual consent if there is an error or the opposite party does not make the compliance of that order then you have right to approach the appealing court... 

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

If there is a typo error it can be rectified. It will be asap after you had the knowledge of the error.

Prashant Nayak
Advocate, Mumbai
31805 Answers
175 Consultations

4.1 on 5.0

File an Application under section 152 of Civil procedure Code-1908 before the family court, the family court is bound to alter the judgment and decree if there is any typographical error.

 

If the Husband is not paying the agreed amount, the wife may file the execution of settlement or file an appeal against the order/judgment and decree of the court before High Court if order/judgment passed by the Family Court.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

The typo error can be rectified anytime by filing a petition mentioning the error and the correct matter to appear in the decree. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

If it was a divorce case on the grounds of mutual consent and the court has passed the decree and judgment,  then that is final and no appeal against the judgment dissolving the marriage on the grounds of mutual consent will be maintainable or entertained by the appellate court. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

You can file a petition seeking rectification of typo error,  there are no charges for this. 

The time taken for this shall be between one and two weeks. 

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

You can file a money recovery suit on the basis of divorce decree passed by the same court,  or if court permits you may even file an execution petition to execute the order.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Hello 

You should file an application for rectification of typing error in the decree before the court through your advocate if he can satisfy the court that there is typing error in decree the court will pass the order rectification of decree. 

An appeal cannot be filed against the order of mutual consent divorce 

If your husband fails to provide you the Alimony amount in six months you can file execution petition in the court which passes the order.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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