in my divorce degree court has made type error of marriage registration number (from marriage certificate). there are total 9 pages of divorce decree out of this in 2 pages marriage registration number has typo error. Moreover, My ex-wife has one name but in few Gov. documents her spelling is different. Court has used different spelling than which was used in marriage certificate.
How can I correct marriage registration number and my ex-wife spelling in my divorce decree?
I am out of India. is it possible these changes without my presence in India? Your quick response will be highly appreciated.
Section 152, Code of Civil Procedure provides for correction of clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission.
The section contains powers that contemplates the correction of mistakes by the made by a Court of its ministerial actions and does not contemplate of passing effective judicial orders after the judgment, decree or order.
The law states that after the passing of a judgment, decree or order, a Court or Tribunal becomes official and therefore it isn't entitled to vary/alter the terms stated in judgments, decrees and orders earlier passed. However, correction contemplated empowers correction were done by accidental omission or mistakes and not all omissions and mistake which might have been committed by the Court while passing the judgment, decree or order.
The omission sought to be corrected which goes to the merits of the case is beyond the scope of Section 152 for which the proper remedy left for the aggrieved party is to file an appeal or Review Application (RA).
For your knowledge, I'm discussing both the sections that deals with corrections in a decree or Judgment below.
Section 152 of Code of Civil Procedure (CPC) deals with "Amendment of judgments, decrees or orders". The section further illustrates that 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.
Section 153 of Code of Civil Procedure (CPC) contains the "General power to amend". This section states that - The Court may at any time, and on such terms as to costs or otherwise as it may think fit, amend any defect or error in any proceeding in a suit; and all necessary amendments shall be made for the purpose of determining the real question or issue raised by or depending on such proceeding.
It is the concerned court to issue notice to your ex-wife qua your application under the provisions of Section 152 of the Code of Civil Procedure, 1908 for making necessary correction in the judgment/ decree.
Your application shall have to be moved by your lawyer otherwise you will have to seek professional service of some other local lawyer, where your case has neen decided/ decreed.