Certified copies of Testamentary petition

Question

► My husband has filed a divorce case against me in the Family Court at Bandra, which has been pending since 2019. However, he frequently remains absent from hearings, seeks repeated adjournments, and has not complied with court directions to submit his financial disclosures. He has also failed to pay maintenance as per the interim order, except when enforcement action is initiated. I am financially dependent and have a 22-year-old *specially-abled son* who is entirely dependent on me. Due to the continued delay and non-compliance by my husband, we are facing severe financial hardship and insecurity. Recently, I have come to know that my husband, as a petitioner, has filed a testamentary petition before the Hon’ble Bombay High Court in respect of my deceased father-in-law’s WILL . I believe that the contents of this petition and the WILL may reflect his financial capacity and are relevant for my maintenance case. I approached the Bombay High court in person for inspection and applying certified copies of Testamentary petition to use them in the family court proceedings. However, I was advised to engage a private lawyer without being provided any guidance, which I am unable to afford. In these circumstances, I humbly request your assistance on the following: Whether I can obtain certified copies of the testamentary petition and WILL , without filing a caveat. The procedure to obtain such documents directly from the High Court. Guidance on enforcing maintenance orders and securing financial protection for myself and my specially-abled son. I would be grateful if you could kindly guide me or assign legal aid assistance Thank you for your time and consideration.

Answer 1

Dear Client,

Yes, you can usually obtain certified copies of the testamentary petition and the Will from the Bombay High Court without filing any caveat, because a caveat is only to ensure notice before an order is passed in a proceeding. For copying or inspection, you normally apply through the High Court’s copying section or certified copy module or the court registry with the case details, pay the nominal copying fees, and ask for inspection or certified copies as a party or necessary person interested in the connected maintenance litigation. A Will copy may have practical evidentiary limits and the original is often required for proof, but for your immediate family court case, even the testamentary petition, schedules, and annexures can help show financial capacity and assets.

You can ask the High Court registry for the procedure, and if they still insist on a lawyer, you may seek free legal aid through the District Legal Services Authority or NALSA, because women, children and persons with disabilities are eligible, and your specially‑abled son’s dependence strengthens the case for assistance. For maintenance enforcement, the family court can recover arrears by attachment, warrant, or civil detention, and the Supreme Court’s maintenance directions allow stricter enforcement where there is willful default, so you should file for execution of the existing maintenance order, ask the court to call for the husband’s financial disclosure again, and place before it whatever testamentary material you can legally obtain to show his means.

I hope this helps and if you have any further issues do not hesitate to contact us.

Certified copies of Testamentary petition

1 Answer