Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Manasi Save (Legal Practioner)     16 April 2014

Please advice

Hello 

If the court does not mention the exact amount of maintenance to be paid by the husband to the wife in its interim order, does it mean that the court has granted the entire amount which the wife has claimed in her main application? is there any judgement on such vague order. What further remedy can be adopted? Apart from appeal 



Learning

 6 Replies

Mahesh R. Sonawane (Lawyer/Fight for justice)     16 April 2014

You have remedy to file application before same court Us. 152 of the civil Procedure code...

Mahesh R. Sonawane (Lawyer/Fight for justice)     16 April 2014

Section 152:

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.

 

The court can correct an accidental mistake both in the judgment and the decree and orders, but a mere ambiguity is not a ground for correction.

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Manasi Save (Legal Practioner)     16 April 2014

but can a interpretation that wife has been granted all the amount mentioned in her main application stand ground ? 

Manasi Save (Legal Practioner)     16 April 2014

the court says husband is liable to provide daily expenses, for food, clothing, all necessary amenities and school conveyance to wife and her kids, how to interpret this order please advice 

Mahesh R. Sonawane (Lawyer/Fight for justice)     16 April 2014

we only want clarification from the court... as there is ambuguity in the order.. so no difficulty..

2 Like

Mahesh R. Sonawane (Lawyer/Fight for justice)     16 April 2014

then file execution petition in the same court, with details of expenses and claim that amount...court will decide and grant...


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