If you are stuck in such a situation, here is what to do.

In India, court proceedings and judgments are generally considered public records to uphold the principle of open justice and transparency. A divorce decree, being a final judgment passed by a competent court, falls into this category. This means that, in principle, it is a public document. This issue often arises in situations where a person needs to verify the marital status of a prospective partner. For instance, Ms. Anika was considering a marriage proposal from Mr. Verma, who claimed to be divorced. To ensure there were no future legal complications, Anika’s family sought to verify the authenticity of his claim by obtaining a copy of his divorce decree from the Family Court in the city of Anandpur.

The accessibility of such documents is governed by the rules of the respective court and general principles of law. While the final order or decree is public, the specific details and sensitive testimony presented during the trial, especially if held “in-camera” (privately), may not be accessible to the general public to protect the privacy of the individuals involved.

Advice in such cases

If you need to access a divorce decree, whether for personal verification, remarriage, or property-related matters, here is some practical advice:

• Identify the Correct Court: You must first know which court granted the divorce. This would typically be a Family Court or a District Court in the jurisdiction where the couple last resided or where the marriage was solemnized.
• Gather Basic Information: To apply for a certified copy, you will need essential details like the full names of the parties involved (the husband and wife), the case number, and the year the judgment was passed. Without this information, searching for the record can be very difficult.
• Application for Certified Copy: You or your lawyer will need to file a formal application at the court’s administrative or copying department. This application requires you to state your reason for needing the document and pay a nominal court fee.
• Understand the Contents: A divorce decree will officially state that the marriage is dissolved. It will also contain details about alimony, maintenance, and child custody arrangements if they were part of the settlement or court order.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

The legal framework concerning divorce decrees and their accessibility involves several statutes:

• The Family Courts Act, 1984: Section 11 of this Act allows for proceedings to be held in-camera if the court deems it necessary to protect the privacy of the parties. However, the final judgment itself is typically a public document.
• The Indian Evidence Act, 1872: Section 74 defines “public documents,” which include records of judicial proceedings. Section 76 gives every person the right to inspect public documents and obtain a certified copy upon payment of the legal fees.
• The Hindu Marriage Act, 1955 / Special Marriage Act, 1954: These acts lay down the grounds and procedures for obtaining a divorce. The final order passed under these acts is the divorce decree.
• Bharatiya Nyaya Sanhita (BNS): While accessing a decree is a civil matter, if a decree is forged or used fraudulently, criminal provisions related to forgery and cheating under the BNS would become applicable.

If you are the complainant

If you are the person seeking to obtain the divorce decree (the “complainant” or applicant in this context):

• File a Formal Application: Approach the concerned court’s copying agency or filing counter. Fill out the requisite form for obtaining a certified copy of a judgment.
• Provide Accurate Details: Ensure you have the correct case number, party names, and date of the decree. Any error can lead to delays or the rejection of your application.
• State Your Purpose: While not always mandatory, briefly and honestly stating your reason (e.g., “for verification purposes for a prospective marriage”) can be helpful.
• Follow Up: After submitting the application and paying the fees, you will be given a receipt and a date for collection. It is advisable to follow up periodically.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you are one of the parties to the divorce and are concerned about your privacy (the “victim” of unwanted access):

• Understand the Law: Be aware that the final judgment is a public document. It is very difficult to prevent a third party from accessing it if they follow the correct procedure.
• In-Camera Proceedings: During the divorce proceedings, you can request the court to hold the trial in-camera. This prevents the public and media from being present during the testimony, protecting sensitive and personal details from public disclosure. However, this does not make the final decree a secret document.
• Redaction of Sensitive Information: In extremely rare and sensitive cases, a lawyer might argue for the redaction of certain personal information from the publicly available judgment, but this is not standard practice.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

The police have no role in the issuance or retrieval of court documents like divorce decrees. This is a purely judicial and administrative process handled by the courts. Police involvement would only begin if a crime is committed in relation to the decree. For example:

• Forgery: If someone creates a fake divorce decree, the aggrieved party can file a police complaint for forgery under the Bharatiya Nyaya Sanhita (BNS). The police would then investigate the crime as per the procedure laid out in the Bharatiya Nagarik Suraksha Sanhita (BNSS).
• Fraud or Misrepresentation: If a person uses a genuine or forged decree to commit fraud (e.g., to illegally marry someone else or to wrongfully claim property), the police can investigate a complaint of cheating.

In such criminal matters, the police will gather evidence, take statements, and file a chargesheet before the appropriate criminal court. They do not, however, assist in simply obtaining a copy of the decree for verification.

FAQs people normally have

Is it legal for a third party to access my divorce decree?

Yes, since a divorce decree is a public document, any member of the public can apply for a certified copy by following the court’s procedure.

Can I find a divorce decree online?

Many High Courts and some District Courts have started uploading their judgments online. You may be able to find the judgment on the court’s website if you have the case details. However, for official purposes like remarriage, a physically certified copy issued by the court is usually required.

What information is contained in a divorce decree?

It typically includes the names of the parties, the date of the marriage, the grounds on which the divorce was granted, and the court’s final orders regarding the dissolution of the marriage, alimony, child custody, and division of property.

What evidence is required?

To obtain a certified copy of a divorce decree, you do not need to provide “evidence” in the traditional sense. Instead, you need to provide specific information in your application:

• The name of the court that passed the decree.
• The full names of the husband and wife.
• The case number (e.g., HMA Petition No. 123/2022).
• The date or at least the year of the judgment.
• A valid reason for the request.
• A properly filled application form and the prescribed court fees.

How long will the investigation take?

Obtaining a certified copy is an administrative process, not an “investigation.” The time it takes can vary significantly based on the court. In metropolitan cities with computerized records, it might take 7-15 working days. In other courts with manual record-keeping systems, it could take several weeks. The process involves locating the case file, making a photocopy of the judgment, and having it certified (stamped and signed) by the authorized court officer.

Advocate Sudhir Rao, Supreme Court of India