• Divorce mutual consent

My daughter awarded mutual divorce order.
In order her surname mentioned husband's surname and w/o husband name.
we need divorce record with my daughter maiden surname and D/o.
we have marriage certificate with thier own surnames.
I want certificate with maiden surname.can we ask court to give some certificate .
Thanks
Asked 3 months ago in Civil Law from Qatar
1. Your daughter has already applied for  MCD in her name where her surname has shown as her husband's surname. 

2.  Accordingly her surname has been shown as her husband's surname i. e. her name she mentioned in the MCD petition has also been mentioned in the Order passed by the Court. 

3. The name of the applicants of the MCD petition cannot be changed now. Similarly the names recorded in the Order cannot be changed at this  stage. 
Krishna Kishore Ganguly
Advocate, Kolkata
13228 Answers
281 Consultations
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The court decreed the MCD as per the contents in the petition. If the surname is different than petition your daughter can file a correction petition to correct the mistake in the decree.Other wise it is impossible. 
Ajay N S
Advocate, Ernakulam
1993 Answers
23 Consultations
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When you filed divorce petition the cause  title should have mentioned girl maiden name and not her husband surname 

2) court would  pass orders on basis of names mentioned in divorce petition 

3) in alternative consent terms should have contained such a clause regarding wife maiden name 

4) divorce petition would mention wife of and not daughter of 
Ajay Sethi
Advocate, Mumbai
26197 Answers
1422 Consultations
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This will not be done. She continued to be the legally wedded wife of her husband till the decree was drawn up, so it had to have the surname that she was using in her records prior to the filing of the divorce petition and which was written in the mutual consent divorce petition's draft. 
Ashish Davessar
Advocate, Jaipur
19239 Answers
486 Consultations
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It cn not be done anymore unless you had mentioned in the divorce petition your daughters maiden surname only and the court by way of typing error wrongly mentioned her husband's surname.
To correct typing you can file petition u/s152 CPC in the same court.
In any event you daughter can always correct this anomaly by way of making an affidavit in Magistrate's court and then making a paper publication.
Devajyoti Barman
Advocate, Kolkata
6501 Answers
72 Consultations
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You can if you so desire  make application to court for change of nameto maiden name based n divorce decree 
Ajay Sethi
Advocate, Mumbai
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1422 Consultations
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I am not sure what exactly your query is.
Do note if her maiden surname is not mentioned in the petition of mutual divorce the same can not be reflected in the divorce decree.
Only in the event of typing mistakes as I mentioned earlier her surname can be inserted , else not.
Devajyoti Barman
Advocate, Kolkata
6501 Answers
72 Consultations
4.9 on 5.0
Your daughter may file a civil suit for declaration before the court regarding the deletation of husband's name from her record.

Or

She may published the same and proceed for name changed proceedings before court.

Feel free to Call
Nadeem Qureshi
Advocate, New Delhi
3731 Answers
140 Consultations
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1. Court shall have to pass order based on the petition filed before it.

2. In the MCD petition filed by your daughter along with her husband, she did not write her maiden title but the title of her husband.

3. The Judge has passed decree in favour of the petitioners strictly based on the the MCD petition filed before the Court.

4. There is hardly any scope to change the decree now. 
Krishna Kishore Ganguly
Advocate, Kolkata
13228 Answers
281 Consultations
5.0 on 5.0
On what purpose you demand the same? The status of Husband and wife relation ship is decreed as divorced .So using the address as on status is not a wrong in the sense of legal terms 
Ajay N S
Advocate, Ernakulam
1993 Answers
23 Consultations
5.0 on 5.0
The court will pass a decree and judgment on the names as mentioned in the divorce petition.

If there is an error in the names mentioned in the divorce decree then you may apply for correction but if it as your fault for having given the name as is mentioned then you may not be able to rectify the same at this stage. 

However you may instruct your lawyer to approach court with a petition for rectifying the name to the desired name from the existing name, if the court permits then you may get the the judgment with modification. 
T Kalaiselvan
Advocate, Vellore
16554 Answers
153 Consultations
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can we ask for name change  order from court to maiden name based on Divorce decree?.

Your lawyer may file an affidavit signed by your wife narrating the incidences which led to the incorrect details about her name hence you need to get the judgment in her name as desired.

The court may or may not accept the request. 
T Kalaiselvan
Advocate, Vellore
16554 Answers
153 Consultations
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No, not at all. 
Ashish Davessar
Advocate, Jaipur
19239 Answers
486 Consultations
5.0 on 5.0

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