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Writer's picturethelila500
Dec 26, 20223 min read

What If Husband Signed Wrong Signature Divorce Papers?

A divorce decree from the proper judge is required in order to be divorced legally. Hindu law recognizes two types of divorce:


Mutual Divorce: In a divorce by mutual consent, the parties sign a joint petition stating that they have been apart for more than a year and agree to separate. This divorce does not take place in court.

  • No petition for a consensual divorce may be entertained during the first year of marriage. The couple must appear in court after filing for divorce so the judge can assess the mutual divorce process. The judge now has the authority to waive the cooling-off period, which was previously necessary throughout the entire process. In India, divorce by mutual consent is the quickest, most respectful, and most dignified method of obtaining a legal separation because in this situation, both partners who voluntarily accept all they believe it would be impossible for them to cohabit happily, thus they have agreed on the terms and conditions of a joint petition for legal separation. Such a petition includes provisions for support, custody of the kid, asset division, housing for the spouse, and other matters.

  • Disputed Divorce: A contested divorce is a divorce in which one partner files for divorce and is prepared to separate from the other partner but the other partner does not want to. In such a situation, the divorce processes are handled in front of a court, and the judge, not the partners, decides on issues like property disputes, child custody, maintenance, and alimony.



Grounds on which divorce petition can be rejected:

  • Unresolved custody disputes: Children are the most innocent victims of a marriage breakup. When a couple is getting ready to divorce, they frequently lose sight of the child's needs in their quest to win the divorce or end the marriage quickly.

  • Uncontested divorce: According to some provisions of Hindu law, a person may file for divorce even if their spouse is not willing to grant it. Your petition can be rejected if those justifications are brought up in court but not supported by sufficient documentation or other evidence.

  • Fraudulent Consent: The free consent of both spouses is the most crucial component of mutual divorce. If there is any evidence that the permission was fraudulently obtained by coercion, etc., the judge may reject the divorce petition.

  • Incorrect Filing: When handling civil disputes like adoption, marriage, and other family matters, Indian courts adhere to a strict procedural rule. Your divorce case may be rejected if some procedures are improperly completed, such as by omitting necessary stamps and documents.

  • Not excessive exceptional suffering or depravity: According to Hindu law, a person may file for divorce from their marriage if they are experiencing extraordinary hardship or depravity. The creation of situations that make it impossible to live with the spouse is considered exceptional hardship or depravity. Couples may go through extreme adversity or depravity, such as committing acts of physical or mental abuse, having affairs, divorcing, or being afflicted by mental disease.

Wrong signature on divorce papers:


It may be deemed improper filing and the divorce papers may be invalidated if the husband accidentally signed the wrong name on the divorce papers. If the wrong signature was done malignantly then you can file FIR against the husband on the charges of forgery. It will amount to a serious case of tempering with the justice system. It all depends upon the intention of the husband while signing divorce papers.


Every married couple experiences the most painful event in their lives when they get divorced. No one wants to go through this time, but when it comes, there is no getting out of it. Because of this, it is crucial to understand our rights and obligations, what to do when a divorce petition is filed, etc.


For divorce, it is advisable to appoint a lawyer. If the petition is filed in Delhi then a Divorce Lawyer in Delhi can be appointed. Likewise, a Divorce Lawyer in Gurgaon can also be appointed if the petition is filed in Gurgaon. If the petition is filed in Cuttack then a divorce lawyer in Cuttack can also be appointed.


For hiring lawyers, you can also contact Lead India. We have experienced lawyers who can help you out in divorce proceedings. You can ask a legal question, talk to a lawyer and even seek free legal advice.


Call Us: +91–8800788535


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