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

Mr. Sameer and Ms. Anjali recently finalized their mutual consent divorce in the Family Court of a city called Chandpur. The proceedings were handled by a single advocate, Mr. Verma, who was primarily engaged by Anjali’s family. A few weeks after the court passed the order, Sameer contacted Mr. Verma to obtain his copy of the divorce decree. To his surprise, the advocate informed him that both original copies of the decree had been given to Anjali. When Sameer approached Anjali, she refused to provide him with his copy, creating a legal and practical dilemma for him. He is now unsure of his rights and how to secure this vital legal document.

Advice in such cases

If you find yourself in a situation similar to Sameer’s, it is important to understand that you have a clear legal remedy. The original decree given by the court is a public document, and you have an absolute right to obtain a copy of it.

• The most straightforward solution is to apply for a “Certified Copy” of the divorce decree directly from the court that passed the order.
• A certified copy is legally valid and serves as proof of your divorce. It holds the same evidentiary value as the original decree for all practical and legal purposes, such as for a passport application, remarrying, or any other official requirement.
• You do not need your ex-spouse’s consent or cooperation to apply for this copy.
• Regarding the lawyer’s conduct, while it was unprofessional to hand both copies to one party without the other’s consent, the immediate priority should be to secure your copy of the decree.

Applicable Sections of Law

This issue is governed by civil procedure and evidence laws, not criminal statutes. The key legal provisions that empower you to obtain a copy of the decree and establish its validity are:

• Section 76 of the Indian Evidence Act, 1872: This section defines a certified copy. It states that any public officer having custody of a public document, which any person has a right to inspect, shall give that person a copy of it on payment of the legal fees. This copy must be certified as a “true copy” by the officer.
• Section 77 of the Indian Evidence Act, 1872: This section states that such certified copies may be produced in proof of the contents of the public documents or parts of the public documents of which they purport to be copies. This makes the certified copy as good as the original in court.
• Code of Civil Procedure, 1908 and Family Court Rules: The procedure for applying for and obtaining a certified copy of a judgment or decree is laid out in the CPC and the specific rules of the concerned Family Court or District Court.

If you are the complainant

In this context, you are the applicant seeking your rightful document. Your course of action should be methodical and legally sound.

• Gather Information: Collect all relevant details of your case, including the case number, the names of the parties, the name of the court, and the date the decree was finalized.
• File an Application: You or your new lawyer can file an application for a certified copy of the divorce decree at the registry or copying department of the same court that granted the divorce.
• Pay the Fees: There will be a nominal court fee and copying charges that must be paid along with the application.
• Follow Up: After submitting the application, you can follow up with the court’s copying department to know the status and collect the copy once it is ready.
• 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

Being denied access to your own legal documents can be distressing. As the victim of your ex-spouse’s and their lawyer’s uncooperative behaviour, your focus should be on exercising your legal rights independently.

• Act Independently: Do not waste time negotiating or arguing with your ex-spouse. Your right to a copy of the decree is not dependent on their permission.
• Secure Your Own Copy: Immediately proceed to the court to apply for a certified copy. This copy will meet all your legal needs and render the “original” held by your ex-spouse less critical.
• 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 to play in this situation. Withholding a divorce decree is a civil matter, not a criminal offence like theft. If you approach the police, they will not be able to register an FIR or take any action against your ex-spouse. They will rightly advise you to approach the court directly, as the remedy lies within the court’s administrative procedures.

FAQs people normally have

• Is a certified copy considered an original? For all legal and official purposes, a certified copy of a court decree is treated with the same authority and validity as the original. It is not a mere photocopy; it is an official copy issued and attested by the court itself.
• Can I apply for the copy myself without a lawyer? Yes, you can file the application for a certified copy yourself. The court’s administrative staff can guide you on the process. However, hiring a lawyer can make the process smoother and quicker.
• What if my ex-spouse misuses the original decree? It is highly unlikely they can misuse it against you. Since the decree finalizes the divorce, its purpose is already served. Your certified copy protects your legal standing. Any fraudulent use of the document would have serious legal consequences for them.

What evidence is required?

To obtain a certified copy, you do not need “evidence” in the traditional sense. You need to provide the court’s administrative office with specific information to locate your case file. This includes:

• The full case number (e.g., HMA No. of Year).
• The names of both parties (petitioner and respondent).
• The date on which the judgment or decree was passed.
• A properly filled application form provided by the court.

How long will the investigation take?

There is no “investigation” involved. This is a purely administrative process. The time it takes to get a certified copy varies from court to court depending on their workload. Generally, you can expect to receive the certified copy within a few days to a couple of weeks after filing the application and paying the required fees.

Advocate Sudhir Rao, Supreme Court of India