Tell the Family Court promptly that you dispute the signature and did not authorise the joint petition. Obtain the filed petition, affidavits, representation documents and orders, then make a specific request to preserve the originals and prevent further action on disputed consent. Under the Hindu Marriage Act, a mutual-consent decree requires the court to satisfy itself about genuine consent. A forgery allegation needs evidence, and merely making it does not automatically cancel an existing decree.
What should I get from the court before responding?
Get the actual filed documents, not just the pages your spouse forwarded. Ask for the case number, filing date, complete petition, supporting affidavits, any vakalatnama purportedly signed by you, recorded statements and every order already passed. Check whether the matter is at filing, first motion, second motion or after a decree.
Make a short list of the signatures you deny. Record the page, document date and what you say happened. A claim that the signature was copied is different from a claim that you signed a blank sheet which was later filled in, or that you signed after threats. Be accurate about which explanation is yours.
If an online account or electronic signature was used, preserve the messages, account alerts and devices already lawfully available to you. Do not access your spouse's accounts to search for evidence. Ask counsel to identify which filing records, originals or technical information the court should preserve.
What does the court need to know about consent?
For a petition under section 13B of the Hindu Marriage Act, the court must undertake the required inquiry before dissolving the marriage. Section 23(1)(bb) also requires it to be satisfied that consent has not been obtained by force, fraud or undue influence. A paper carrying two names is not the whole inquiry.
Say whether you ever agreed to seek divorce, attended any hearing, instructed the named lawyer, signed a settlement or received money under it. These facts must be disclosed even where you dispute a particular signature. Signing an earlier genuine document does not prove that every later document is genuine, but hiding the earlier document can damage your account.
Keep the disputed signature question separate from a later change of mind. The existing answer on withdrawing from a settlement concerns an agreement that was actually made. Here the immediate task is to establish what was authorised in the first place.
What can an urgent application ask for?
It can identify the disputed documents, request their preservation, seek copies or inspection through the permitted process, and ask the court to hear your objection before relying on the supposed consent. Whether handwriting comparison, expert examination or other evidence is required depends on the dispute and the court's directions.
Suggested factual wording: I dispute the signature attributed to me on page [number] of the petition filed on [date]. I did not authorise that filing. Please preserve the original document and place my objection before the court before further orders are made on the alleged consent.
Use that wording only where each statement is true. An application may need an affidavit and supporting documents. The Family Court procedure guide explains the wider stages, but the relief here should address the specific document and immediate hearing.
What changes if a divorce decree has already been passed?
Then you need advice on challenging the decree, not simply a letter asking the registry to remove the petition. Collect the judgment, decree and recorded statements immediately. The available procedure and limitation depend on the order, alleged fraud, participation and governing law. Do not assume that describing a decree as a consent decree ends every possible challenge, or that an ordinary appeal is automatically available.
A police complaint about suspected forgery and a court application about marital status serve different purposes. If both are being considered, keep the factual account consistent and have counsel check the applicable criminal procedure, including any special requirements where a court document is involved. A complaint number does not itself set aside the divorce.
What should I avoid while the dispute is examined?
Do not destroy the disputed copy, replace it with a cleaner scan, or write on the original. Preserve genuine comparison signatures from existing dated records without manufacturing new documents. Keep court papers private and use the proper filing and service channels. Your immediate goal is a court record that clearly identifies the contested consent and the directions sought, followed by a copy of the resulting order.