Case Note & Summary
The applicant, Jagruti Bhatia, filed Criminal Application No.35 of 2015 seeking recall of an order dated 20.1.2015 passed by the Bombay High Court in Criminal Revision Application No.17 of 2015. That revision had been dismissed, and the applicant contended that the dismissal was based on a mistake of fact. The revision had been filed challenging the judgment and order dated 17.7.2014 of the Family Court No.2, Mumbai in Petition No.E-17 of 2011, where the applicant had claimed maintenance at Rs.1,00,000 per month for herself and her two daughters under Section 125 of the Code of Criminal Procedure, 1973. However, the Family Court, while deciding the petition along with the husband's petition, proceeded on the erroneous footing that the applicant had claimed only Rs.10,000 per month. The applicant argued that this mistake of fact led to an incorrect assessment of maintenance and the subsequent dismissal of her revision. The High Court, after hearing counsel for both sides, found that the Family Court had indeed misrecorded the claim amount. The court noted that the applicant's petition clearly sought Rs.1,00,000 per month, but the Family Court treated it as Rs.10,000. This error was apparent on record and had resulted in a miscarriage of justice. The High Court held that it had inherent power to recall its order to correct such a mistake. Consequently, the court allowed the application, recalled the order dated 20.1.2015, and restored Criminal Revision Application No.17 of 2015 to its original number for fresh hearing. The court directed the revision to be listed for admission on 12.2.2015.
Headnote
A) Criminal Procedure Code - Maintenance - Section 125 Cr.P.C. - Mistake of Fact - The applicant-wife claimed maintenance at Rs.1,00,000 per month for herself and daughters, but the Family Court erroneously recorded the claim as Rs.10,000 per month. The High Court recalled its order dismissing the revision, holding that the mistake of fact warranted recall to prevent miscarriage of justice. (Paras 3-5) B) Criminal Procedure Code - Recall of Order - Inherent Power - The High Court has inherent power to recall an order passed under a mistake of fact, especially when the error is apparent on record and non-recall would cause irreparable injustice. (Para 5)
Issue of Consideration
Whether the order dated 20.1.2015 dismissing Criminal Revision Application No.17 of 2015 should be recalled on the ground that the Family Court proceeded on a mistaken footing that the applicant had claimed maintenance at Rs.10,000 per month instead of Rs.1,00,000 per month.
Final Decision
Application allowed. Order dated 20.1.2015 is recalled. Criminal Revision Application No.17 of 2015 is restored to its original number. The revision application shall be listed for admission on 12.2.2015.
Law Points
- Recall of order due to mistake of fact
- Section 125 Cr.P.C. maintenance claim
- Family Court error in recording claim amount
- Inherent power to recall order to prevent miscarriage of justice
