Mistakes in court order
Amit
(Querist) 06 April 2013
This query is : Resolved
Hi,
The magistrate had passed the an order in the DVC asking me to pay rent to my wife.
But though I have no issues in paying the rent, couple of questions remain.
(1) There are factual mistakes in the order for e.g., that we stayed 1.5yrs together whereas we stayed only 8months together and that we went abroad for honeymoon which we did not etc. What action should be taken to correct these?
(2) My wife is not giving me her bank account number while final date of paying money to her is fast approaching. What should I do if she does not give me her bank details?
Raj Kumar Makkad
(Expert) 06 April 2013
1. Move an application before the court making factual corrections as per pleadings of the parties failing which file an appeal thereto before Sessions Judge. A revision also lies under section 397 (1) of Criminal Procedure code.
2. Move an application before the court to direct your wife to provide her bank details. Meanwhile, you may send some amount through money order to her.
Devajyoti Barman
(Expert) 06 April 2013
1. If your wife has not disputed the period of separation then you need not worry. This mistake is quite often which does not have bearing in the merit of the case.
2.You can summon the bank staff to give account details.
Adv k . mahesh
(Expert) 06 April 2013
yes the period does not matter in any case
Adv. Chandrasekhar
(Expert) 06 April 2013
As suggested by Mr. Makkad, move a review application before the same court for removal of factual errors in the order on the basis of the pleadings of the parties, as in long term it may not affect your case adversely and it is always preferable to have an order reflecting the true facts of case, irrespective of its bearing on the merits of the case. For your wife's account no. move an application and even after that she does not inform the bank account, you will be free from the allegation of non-compliance of the court order.
Amit
(Querist) 06 April 2013
Thanks everyone.
As suggested, instead of keeping quiet, I'm gonna file review petition to correct factual mistakes and a petition to direct my wife to provide bank details.
After that, it's up to the court and my wife.
prabhakar singh
(Expert) 06 April 2013
You have arrived at a right conclusion.
To comply with order of deposit a not negotiable cheque or DD/or/ pay order may also serve the purpose
ajay sethi
(Expert) 06 April 2013
agree with experts
