• Divorce decree is awarded but there was mistake in daughter name

Sir,
The divorce decree was awarded in march, but there was mistake in my daughters name instead of shashikala it was kalavathi. Will there be any problem in future? Can the decree be reversed? She has also not taken back case on conjugal rights? I am not in talking terms now.  Please advise.
Asked 1 year ago in Family Law from Bangalore, Karnataka
Religion: Hindu
File an application before court for correction of daughter's name under section 151 of cpc
Nadeem Qureshi
Advocate, New Delhi
4346 Answers
193 Consultations

4.9 on 5.0

1) you  can have the case placed on board before the judge family court under caption for speaking to the minutes of order for correcting error in your daughters name 

2) it is always advisable to get the error rectified . 

3) it is not necessary to revers the decree only correct error in daughter name 
Ajay Sethi
Advocate, Mumbai
36433 Answers
2022 Consultations

5.0 on 5.0

No, she can not file now.
Nadeem Qureshi
Advocate, New Delhi
4346 Answers
193 Consultations

4.9 on 5.0

1)if divorce decree is awarded wife can only file appeal against the divorce decree

2)i presume she participated in the divorce proceedings in family court 

3)RCR has become infructous once divorce decree has been passed 
Ajay Sethi
Advocate, Mumbai
36433 Answers
2022 Consultations

5.0 on 5.0

Yes there will be a huge problem in as much as both names are totally different due to which your daughter cannot be identified. The decree holder should be identifiable from the decree. You should apply for rectification of your daughter's name on the decree to the court. 
Ashish Davessar
Advocate, Jaipur
21587 Answers
578 Consultations

5.0 on 5.0

The divorce decree was awarded in march, but there was mistake in my daughters name instead of shashikala it was kalavathi. Will there be any problem in future? Can the decree be reversed? She has also not taken back case on conjugal rights? I am not in talking terms now.  Please advise.

The mistake in the spelling or name can be pointed out to the staff of the court who prepares the copies and get it rectified, this mistake in the name can be easily rectified. 
T Kalaiselvan
Advocate, Vellore
26380 Answers
267 Consultations

5.0 on 5.0

Can she now file for withdrawal of 13b and file another case on me based on errors or can she play on with the case on conjugal rights still not withdrawn by her?

Once your divorce case has been decided and the marriage has been dissolved by a decree of divorce, her RCR case become automatically infructuous.  There is nothing that she can anything about it at this stage. 
T Kalaiselvan
Advocate, Vellore
26380 Answers
267 Consultations

5.0 on 5.0

it is clerical mistake and can be corrected under section 152  of the code of civil procedure. no need to quash or withdrawn.
Shivendra Pratap Singh
Advocate, Lucknow
4555 Answers
62 Consultations

4.9 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a Lawyer