Nishi (NONE) 27 August 2014

Urgent help- mistakes in court orders

Sir/Madam:

I completed divorce formalities by filing 13B petition. First motion and Second motion were completed last month and Judge put a date for orders as 22/08/2014. The steno is preparing the court orders and I got a chance to see the draft orders. The draft orders have Judge's initials in green and few grammatical corrections marked by Judge.

The issue is that, the draft order prepared by the steno has a major mistake. Steno has added a sentence that I HAVE RECEIVED ALL articles and belongings which is not true. Proof of affidavits and 13 petition DOES NOT have this sentence as there was no exchange of articles.

Proof of affidavit and 13 petition in my case clearly states that "Both petitioners have agreed that they will not claim each other articles, belongings, maintenance or alimony". There is a huge difference in "context and meaning" between both these sentences. The steno has said that it is an oversight on her part and that she will correct it.

1. How do I get the orders corrected if Steno still does not correct it.

2. I have still not signed and received the orders. I am not sure if the other party did.

Can the orders be corrected by showing Proof of affidavits and 13 B petition?

3. Can court add additional sentences in such mutual cases which is not in proof affidavits and petitions.

Kindly help me out urgently.

Many thanks for your time and help.

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2 Replies

Tajobsindia (Senior Partner ) 27 August 2014

1. First, in my experience party is not supposed to vet proof Judgment / Order and Court staff are not obliged - required to share such draft(s) with parties at all. How Court clerk and you did it in past is not my cup of understanding as it is against practice procedure of Court.

2. However, be it so, you have to wait for the Signed Judgment Certified Copy receiving stage. Once you have Certified Copy of the same you should hire an Advocate and approach DB of State's HC to rectify error in Judgment which can be easily Ordered by DB of HC to trial Court (if case is that of Family Court which passed the final Judgment in MCD) or if final Judgment was passed by a Civil Matrimonial Court then District and Sessions Judge can rectify the typing error if approached by parties.

3. Court cannot add - subtract pleading Statement(s) of parties in MCD Judgment other than mentioning practice procedure paras which normally does not change essence of MCD.

4. I cannot advice you to contact or put pressure on Court clerk to amend (edit) proof Judgment even in past it was (illegally) shared with you as it is not the practice we adopt, hence, you are advised to follow para 2 only.

[Last reply]

hema (law officer) 27 August 2014

After receiving the final judgment copy and if you still find out the mistake you referred to, move an application under Section 151 and 152 of C.P.C. to rectify the error by showing the pleadings of the MCD petition. The concerned family court (or ADJ, whatever may be the case) has got the power to rectify the said mistake and also has got the power to review its own decision.