Case Note & Summary
The petitioner-wife and respondent-husband had filed a joint petition under Section 13(B) of the Hindu Marriage Act, 1955 for dissolution of their marriage by mutual consent. The trial court allowed the petition on 22nd April 2022 and a decree was drawn on 2nd May 2022. However, the decree did not incorporate the memorandum of settlement dated 11th April 2022, which contained the terms of the settlement between the parties. The husband filed an application under Section 152 of the Code of Civil Procedure, 1908 (Exh. 72) on 6th June 2022 seeking correction of the decree to include the settlement deed. The wife's advocate made an endorsement that he could not contact her and requested that notice be issued. The trial court, without issuing notice, allowed the application on 27th June 2022 and corrected the operative part of the judgment to include the settlement deed as part of the decree. The wife challenged this order by way of a writ petition before the Bombay High Court. The High Court examined the scope of Section 152 CPC, which permits correction of clerical or arithmetical mistakes or accidental slips or omissions in judgments, decrees, or orders. The court noted that the omission of the settlement deed from the decree was an accidental slip, as the parties had agreed to the settlement and the judgment had referred to it. The correction did not alter the substantive decision of dissolving the marriage. The court further held that no notice was required for such a correction, as it was purely clerical. The High Court dismissed the writ petition, upholding the trial court's order.
Headnote
A) Civil Procedure - Correction of Decree - Section 152 CPC - Accidental Slip or Omission - The trial court allowed the husband's application to include the deed of settlement in the decree of mutual divorce. The High Court held that the omission of the settlement deed from the decree was an accidental slip or omission, which could be corrected under Section 152 CPC without altering the substantive part of the decree. The court further held that no notice was required as the correction was clerical in nature. (Paras 2-12) B) Hindu Marriage Act - Mutual Consent Divorce - Section 13(B) - Settlement Deed - In a petition for divorce by mutual consent under Section 13(B) of the Hindu Marriage Act, 1955, the decree must reflect the terms of settlement. The omission of the settlement deed from the decree is a clerical error that can be corrected under Section 152 CPC. (Paras 3-12) C) Civil Procedure - Notice - Section 152 CPC - Requirement of Notice - The High Court held that when a correction under Section 152 CPC is of a clerical or arithmetical nature, notice to the opposite party is not mandatory. The court can correct such errors suo motu or on application. (Paras 10-12)
Issue of Consideration
Whether the trial court acted within its jurisdiction under Section 152 of the Code of Civil Procedure, 1908 in correcting the decree to include the memorandum of settlement, and whether such correction required notice to the petitioner-wife.
Final Decision
The High Court dismissed the writ petition, upholding the trial court's order dated 27th June 2022. The court held that the omission of the settlement deed from the decree was an accidental slip correctable under Section 152 CPC, and no notice was required for such a clerical correction.
Law Points
- Section 152 CPC allows correction of accidental slips or omissions in decrees
- omission of settlement deed from decree in mutual consent divorce is an accidental slip
- correction does not alter substantive decision
- no notice required if correction is clerical or arithmetical
- court can suo motu correct such errors
