• Divorce decree and passport

I had missed getting the Divorce Decree as i felt it was not urgent issue as i was not getting re married. 
My Divorcee Decree was passed in Feb 2020. Post which due to COVID i was reluctant to move and was under the impresssion that my Lawyer would collect it. However it didnot happen.

Hence with the Chennai courts under lockdown , Can i apply for Divorce decree now and if so what is the procedure.

Secondly , i have just applied for my passport to be renewed unfortunately since i didnt have the divorcee decree i didnt apply to remove her name from the passport .

Will this be an issue when the police would come for verifcation. (There is no change in any details in my passport except that it is nearing expiry ( had 1 year to go) . I had applied for renewal as now the crowd for passport issuance is very less and i was able to get the appointment faster.
Asked 5 years ago in Family Law
Religion: Hindu

10 answers received in 1 day.

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10 Answers

You have to make an application in family court for certified copy of divorce decree 

2) pay the nominal charges 

 

3) it takes around 2 months to obtain copy of divorce decree 

 

4) it would not be an issue in obtaining passport 

Ajay Sethi
Advocate, Mumbai
99783 Answers
8145 Consultations

You can file a copy application seeking certified copy of the decree and judgment pertaining to your divorce case. You can do it as a party in person also. 

 

You can give an application even now since you have not got the interview for reissue of passport yet. You can get his name removed from your passport by resubmitting the details with the consent of the passport authorities. 

Police verification has got nothing to do with your spousal details. 

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

Go to the court.  Purchase a form for applying certified copy of court orders for civil litigation.   Then go to the concerned court.  Get the necessary details filled with their help and apply in copying section under caption URGENT.  You would get the copy within a week or so.  Simple.  Go ahead and apply for  2 certified copy of order.  One you may file with the passport authorities and second for future reference and record. 

Dalip Singh
Advocate, New Delhi
1096 Answers
36 Consultations

Dear Sir/ Madam

You can file an application seeking a copy of a certified copy of your divorce decree along with the judgment confirming your divorce decree.  This will not be an issue when the police come for verification. You can get her name removed from the Passport after submitting the relevant documents to the authority.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

You have to make application to family court for rectifying spelling mistake in divorce decree 

Ajay Sethi
Advocate, Mumbai
99783 Answers
8145 Consultations

Dear sir,

 

You should go ahead with the advise given by the RTO. That would be the best way to correct the mistake.

Yes, the family courts are operational now. 

 

Thank you

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

There is no limitation for applying for certified copy of divorce decree. You can very much apply now for divorce decree and get it.

First get the renewed passport and then you can apply for deleting name of wife by producing divorce decree.

Police verification has nothing to do with decree of divorce. It will not cause any problem with police.

Ravi Shinde
Advocate, Hyderabad
5130 Answers
42 Consultations

DL is produced as id proof in divorce case and there is spelling mistaking in DL and the same is carried on in divorce decree. First obtain correction of name in DL and on that basis file an application in Family Court seeking correction of name in divorce decree by filing an application under Section 152 of Civil Procedure Code, 1908 through your Advocate. Correction will be carried out in divorce decree.

Ravi Shinde
Advocate, Hyderabad
5130 Answers
42 Consultations

- If the divorce decree already passed by the court , then being a party of the suit , you can also get certified copy from the court. 

- Further , after submitting the said copy , you can corrected /remove her name from your passport . 

- If there is spelling mistake in the divorce decree , then after moving an application before the same court , can rectified the same . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

The divorce decree will carry the name what you had mentioned in the divorce petition.

You cannot change the name after the disposal of the case.

You could have amended the name while the petition was under process of trial by filing a petition seeking amendment to mend the name.

You can file a copy application to get the certified copy of the divorce decree and judgment as party in person.

In fact in Chennai family court, the parties only have to apply for certified copies of any document pertaining to their case including decree or judgment. 

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

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