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Shweta (Lawyer)     20 September 2021

Can a mutual consent order be challenged

'A' obtained divorce order through mutual consent 2 months back. Is the following possible 
1) He wants certain amendments in the order

2) There are certain errors in the order such as spelling mistakes etc. Can this be changed now by making an application.

Request all the learned lawyers in this group to kindly guide 🙏



 6 Replies

Shubham Bhardwaj (Advocate)     20 September 2021

Dear Ms Shweta, Please note the following :- 1. There can be no substantive amendments after a judgment has been signed by the judge. 2. Yes clerical mistakes can be corrected under Section 151/152/153 CPC. Regards Shubham Bhardwaj (Advocate) District & Session Court, Chandigarh Punjab & Haryana High Court, Chandigarh Disclaimer:- Opinion is only for guidance.
1 Like

Advocate Bhartesh goyal (advocate)     21 September 2021

( 1 ) Amendments in judgement/order are not allowed. ( 2 ) spelling errors can be rectified u/sec 151,152 &153 cpc.
2 Like

Dr. J C Vashista (Advocate )     21 September 2021

Well analysed and advised by experts, I agree. By the way what is the proposed amendment/ errors / spelling mistake(s) in the order passed by the court ? Does it anyway affect rights of parties with the order ?
2 Like

G Krishna Rao (Advocate)     21 September 2021

Except for the correction of spelling mistakes as mentioned by you no other terms or conditions can be challenged. You can make an application for correction of mistakes before the Court where divorce granted.
1 Like

P. Venu (Advocate)     21 September 2021

What are the matters to be corrected?

Shweta (Lawyer)     22 September 2021

@Vashishta Sir - The decree has not caputured a few terms the way it should be at 2 places 1) In the consent terms it is mentioned 'Father would get access of the child once in 15 days' and whereas the decree says Father can visit the child (no mention of frequency) 2) In the consent terms it is mentioned 'Father will bear the school fees, 50% of books and uniform amount and pay a total of Rs. 5000/- per month till the child turns adult and whereas the decree says that 'Father will bear the school fees and pay total of Rs. 5000/- per month towards expenses of the child till he turns an adult. The order was passed in the year 2017. Also 1 more query: The mother is now planning to move abroad with the son and the father cannot afford to pay his fees in a foreign school. Under such circumstances can he stop paying. The consent terms nor the decree has any mention of options about the mother and child incase of settling abroad Thanku Sir Regards

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