• Mistake in respondent name

Dear Sir/Madam

My name is Bharat Arora. I had filed a divorce case in Jabalpur against my wife. However after almost one year I found that the respondent name mentioned in the case mentioned incorrectly. The details are :

Wife Name post marriage  : Garima
Name mentioned in Case   :  Garima Dhingra ( Since Dhingra was her surname before marriage and Harshit was her first name)

Now the paper publication has done with the name of Garima Dhingra. I doubt that the divorce decree if issued in above name will not be valid on the above ground.

Kindly let me know whether my doubt is correct, if yes what should i do now. Any procedure to rectify it.

Thanks
Asked 2 years ago in Family Law from Ghaziabad, Uttar Pradesh
Religion: Hindu
It may be advisable for you to arrange for a fresh publication with the correct name; for such purpose, you may file an application in court to direct a fresh publication with the correct name.
Prabhat Shroff
Advocate, Kolkata
141 Answers
39 Consultations
3.8 on 5.0
you have to make application for amendment of petition so that correct name of respondent is reflected in court records . apply for fresh publication after amendment of petition
Ajay Sethi
Advocate, Mumbai
23389 Answers
1229 Consultations
5.0 on 5.0
1. This is a blunder which could easily have been avoided with the exercise of due diligence, and which if not rectified, would cost you dear in the longer run. The divorce decree, if issued, will be questionable and may be invalidated on account of this error alone.

2. You should at the next hearing apply to court to order a fresh publication with her accurate post marriage name. If permission to amend is denied then the only recourse open to you would be to move the higher court.
Ashish Davessar
Advocate, Jaipur
18261 Answers
450 Consultations
5.0 on 5.0
a. file application under section 151 of cpc in court for amendment of ur petition .

b. if court allows it then file amended petition in court stating correct name of respondent

c. after amendment is done then request court to order publication on correct name of respondent.

d. after publication is done on correct name of respondent the court will proceed further in ur case accordingly.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
decree in the wrong name of respondent is futile legal exercise.

thus do amendment of petition asap.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
Hi, you have to file a application for amendment of the divorce petition then you have to take the paper publication or what ever step you want.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. Was her name changed to Garima legally post marriage?

2. However, file an ammendment petition for correcting the errors,

3. Re-Publish the notice with corrected name.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Dear querist
file an application for amendment under order 6 rule 17 of CPC before court and when the court allow your application then file a amended memo of parties and file an application for fresh publication with the correct name.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
you should give an application under order 6 rule 17 of cpc for amendment with document upon which you relied. Upon receiving your application court will issue a notice to opposite party. if opposite party give objection then court will fix a date for argument on that issue. if court found after the argument that there is reasonable ground then it pass an order for amendment and publication of document.
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0

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