JAYALAKSHMI COELHO versus OSWALD JOSEPH COELHO

JAYALAKSHMI COELHO versus OSWALD JOSEPH COELHO

Rectification or modification under Section 152 CPC is permitted only for clerical or arithmetical errors or accidental slips or omissions. The Family Court's amendment of the divorce decree to incorporate all terms of the mutual consent agreement was improper, as there was no evidence that the omission was accidental or intended by the court, nor any specific prayer for incorporating such terms in the original petition or modification application.

Parties
Appellant: Jayalakshmi Coelho; Respondent: Oswald Joseph Coelho
Jurisdiction
India
Judgment Date
28 February 2001
Procedural Posture
Civil Appeal / Final Supreme Court Judgment
Outcome
Appeal allowed; amendment orders set aside.
Legal Topics
Amendment of Decrees, Rectification of Judgments, Divorce by Mutual Consent, Agreement Incorporation Into Decree
Civil Procedure Family Law Amendment of Decrees Rectification of Judgments Divorce by Mutual Consent Agreement Incorporation Into Decree

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Parties

Jayalakshmi Coelho

Appellant

Oswald Joseph Coelho

Respondent

Procedural Posture

Civil Appeal / Final Supreme Court Judgment

Legal Issues

  1. 1 Scope of Section 152 CPC for rectification of decrees
  2. 2 Whether terms of mutual consent agreement can be incorporated in the divorce decree through modification/rectification
  3. 3 Whether omission to incorporate terms is a clerical or accidental slip within Section 152 CPC

Ratio Decidendi

Rectification or modification under Section 152 CPC is permitted only for clerical or arithmetical errors or accidental slips or omissions. The Family Court's amendment of the divorce decree to incorporate all terms of the mutual consent agreement was improper, as there was no evidence that the omission was accidental or intended by the court, nor any specific prayer for incorporating such terms in the original petition or modification application.

Court Disposition

Appeal allowed; amendment orders set aside.

Orders

  • Orders of High Court and Family Court dated 11.11.1992 allowing application for modification/rectification of decree set aside.
  • No order as to costs.