• 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 8 years ago in Family Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

8 Answers

File an application before court for correction of daughter's name under section 151 of cpc

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 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
94522 Answers
7485 Consultations

5.0 on 5.0

No, she can not file now.

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 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
94522 Answers
7485 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
30763 Answers
972 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
84711 Answers
2172 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
84711 Answers
2172 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
5127 Answers
78 Consultations

4.9 on 5.0

Ask a Lawyer

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