Mutual divorce correction order
Querist :
Anonymous
(Querist) 30 May 2018
This query is : Resolved
My brother recently got divorced under 13B HMA. But to our utter surprise we found that the order which was passed by the learned district judge mentions wrong date of marriage. It was written 6.2.16 instead of 5.2.15. The rest of the order is OK. In the main suit correct date was provided along with the marriage certificate as exhibit. How to correct the marriage date in the decree. Will the divorce become invalid.
Vijay Raj Mahajan
(Expert) 30 May 2018
No the divorce decree is not invalid. This typographic mistake that will be corrected by the Court. Just move application u/s152 CPC in the same court pointing out the typographic mistake and order for correcting the mistake will be made by the District Judge. You can then get ammended decree of the divorce.
Adv. Yogen Kakade
(Expert) 30 May 2018
Rightly guided by the expert.. act accordingly
Kumar Doab
(Expert) 30 May 2018
As per your post there is no factual error and NO error on the part of the litigant ( either party).
So there should be no issues in correcting a clerical or arithmetical mistake or an error arising from any accidental slip or omission..
Your own LOCAL lawyer must have already advised you and can help you.
IT is good that you have taken good care to avoid any factual/error on part of the litigants otherwise IT could have been difficult.
For your understanding go thru and remain vigilant like this always …
Kumar Doab
(Expert) 30 May 2018
Code of Civil Procedure, 1908 > Section 152
152. Amendment of judgments, decrees or orders.- Clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission may at any time be corrected by the court either of its own motion or on the application of any of the parties.
http://www.lawzonline.com/bareacts/civil-procedure-code/section152-code-of-civil-procedure.htm
Allahabad High Court
In Re: Km. Mona Singh Daughter Of ... vs Unknown on 6 December, 2005
45. This power conferred by Section 152 can be exercised by the Court at any time. Further, the power may be exercised by the Court either on its own motion or on the application of any of the parties.
139. Thus, the mistakes occurring in the said Order dated 16.2.2005, passed by the Court, owe their origin to the mistakes occurring in the pleadings of the Petitioner on account of accidental slips.
140. In view of the principles mentioned above, such mistakes in the said Order dated 16.2.2005 may be corrected under Section 152 of the Code of Civil Procedure.
https://indiankanoon.org/doc/1207390/
Supreme Court of India
Ram Chandra Singh vs Savitri Devi And Ors. on 29 July, 2004
https://indiankanoon.org/doc/973664/
Orissa High Court
Netrananda Dalai vs Ratnabati Nayak Dead And Another on 16 July, 2016
https://indiankanoon.org/doc/144364332/
Delhi High Court
Suman Kundra vs Sanjeev Kundra on 28 May, 2015
Author: V.K.Shali
https://indiankanoon.org/doc/177304220/
Share and update fellow litigants, citizens..
Kumar Doab
(Expert) 30 May 2018
Pls post with your ID and not as AQ and you can get many replies.
Your ID does not mean your email id or phone number and don’t post these also.
You can benefit from above posts.
Ms.Usha Kapoor
(Expert) 31 May 2018
Move an application in the same court which awarded the decree for correcting the typographical error. Wait for the order for correcting the mistake. District judge will correct the typographical error.Now you have the amended Divorce Decree of the court.
Guest
(Expert) 01 June 2018
Seemingly a hypothetical query. If incorrect, why you did not approach your own lawyer for getting the order corrected?
