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How to obtain Divorce decree and get a name change


30-Mar-2023 (In Divorce Law)
Dear Sir, I had been divorced before 3-4 years, it was mutual consent and on stamp registered which is valid in religion (Mayavanshi samaj). My ex-husband had given in written(Stamp register) that he dont want the custody of my son and he is leaving all rights and giving custody to me and also I have not taken a single penny of alimony from him. My advocate at that time did not guided me for divorce decree or any court order. Now I am re-married in Jain samaj since a year, I want to change my surname, My child's surname- but I am unable to do. I had again filed for decree since one year, but court is not giving order as the opposite part is not turning up in court. My son (12 years old) and I had already faced many problems due to my ex-husband, now when my child is happy, all these issues. In India why we ladies does not have proper laws. please request you to guide me for same. Regards Rupali Jain
Answers (3)

Answer #1
559 votes
Hello mam
For changing ur surname u need divorce decree from proper court of law by filing divorce petition by mutual consent or ex-parte narrating all facts.
If matter already filed than request court to pass exparte order if opposite side is not turning.
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Answer #2
908 votes
Le me know from which city you belong to? Further, if the Family Court is not granting divorce, you will have to move to High Court for urgent Divorce Decree. I am practicing in High Court of Gujarat at Ahmedabad.

Answer #3
827 votes
You may change your name as well as ur children’s also by due process of law and as you have mentioned that you have already filed for decree from court so your lawyer need to mentioned before the court about your facts.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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