Indumathi v. Elangovan

C.M.P.No.264 of 2023 C.M.P.No.264 of 2023 in C.M.A.No.2218 of 2022 R.SUBRAMANIAN, J.

and SATHI KUMAR SUKUMARA KURUP, J.

[Order of the Court was made by R.SUBRAMANINA, J.] The petitioner seeks amendment of the order dated 08.11.2022 passed in the above Civil Miscellaneous Appeal based on the consent of the parties.

2. The parties agreed for payment of maintenance from the date of petition in I.A.No.413 of 2022 in H.M.O.P.No.47 of 2022 on the file of the Family Court, Villupuram. Claiming that the petition was filed only on 06.08.2022 and not on 06.08.2021 as reflected in the order dated 08.11.2022, the petitioner has filed this petition seeking amenment. The petitioner would rely upon the proceedings of the trial Court where the necessary correction has been carried out. The respondent has also no objection for the correction being made.

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C.M.P.No.264 of 2023 R.SUBRAMANIAN, J.

and SATHI KUMAR SUKUMARA KURUP, J.

dsa

3. Hence, this petition is ordered as prayed for. (R.S.M., J.) (S.S.K., J.) 27.01.2023 dsa Note to Registry:- While hearing this case we found that the date seal affixed in the petition for maintenance before the Family Court, Villupuram reflect the date as 06.08.2021. The learned counsel for the parties before us would submit that the petition was actually filed only on 06.08.2022. Affixing wrong date seal, that too, an anterior date creates certain suspicion. Hence, the Registrar General is required to call for explanation from the Family Court, Villupuram as to why the date seal containing anterior date was affixed in the petition in I.A.No.413 of 2022 in H.M.O.P.No.47 of 2022. Such an explanation shall be obtained and placed before us within a period of one (1) month.

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