[Cites 3, Cited by 0]
Madhya Pradesh High Court
Smt Soni Mahor vs Sundar Mahor on 23 January, 2026
Author: Hirdesh
Bench: Hirdesh
NEUTRAL CITATION NO. 2026:MPHC-GWL:3063
1 MP-6440-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE HIRDESH
ON THE 23 rd OF JANUARY, 2026
MISC. PETITION No. 6440 of 2024
SMT SONI MAHOR
Versus
SUNDAR MAHOR
Appearance:
Shri Rishikesh Bohare - Advocate for petitioner.
None for respondent though served.
ORDER
Considering the reasons assigned in IA No. 1136 of 2026, the same is
hereby allowed, and the documents, including the marksheet of High School
Certificate Examination of the petitioner, are taken on record.
2. The present Miscellaneous Petition has been filed under Article 227 of the
Constitution of India by petitioner (wife) challenging the order dated 16.10.2024
passed by Additional Principal Judge, Family Court, Gwalior, in Case No.330-A
of 2016.
3. Necessary facts giving rise to present petition, as narrated therein, are that
petitioner (wife) and respondent (husband) had jointly filed an application for
divorce under Section 13-B of Hindu Marriage Act. After hearing both parties and
recording their evidence, a judgment and decree for divorce was passed on
17.02.2017 (Annexure P-2). However, due to a typographical error, the name of
petitioner's father was incorrectly recorded as "Laxminarayan Mahor" instead of
correct name "Lachhiram Mahor". To rectify this clerical error, petitioner filed an
application under Section 152 of CPC before the Family Court. However, after
NEUTRAL CITATION NO. 2026:MPHC-GWL:3063
2 MP-6440-2024
hearing the application, the Family Court passed an order on 16.10.2024, rejecting
the correction request. Consequently, name of the petitioner's father remained as
"Laxminarayan Mahor" in the judgment and decree. The petitioner, aggrieved by
this order, has filed the present Miscellaneous Petition.
4. It is contended on behalf of petitioner that the Family Court's order is
erroneous and contrary to both the law and the case records. It is pointed out that
the name of the petitioner's father is consistently mentioned as "Lachhiram
Mahor" in all Official documents, including the Aadhaar and PAN cards.
However, in the decree passed by Family Court, the name was mistakenly
recorded as "Laxminarayan Mahor" due to a typographical error. The petitioner
further submits that her father, Lachhiram Mahor, was employed as a clerk in the
Indian Railways. After his demise, petitioner applied for compassionate
appointment under the Railways. However, her application was rejected on the
grounds that name of her father, as per the Family Court's decree, did not match
the name in petitioner's Official documents. The concerned Railway authorities
have advised the petitioner to get the name corrected in the decree in order to
proceed with application for compassionate appointment. The petitioner has filed
marksheets of Board of Secondary Education, which also mention that her father's
name is Lachhiram Mahor. The petitioner thus prays for the quashing of the
impugned order dated 16.10.2024 and seeks a direction to the Family Court to
amend the name of her father in the judgment and decree from "Laxminarayan
Mahor" to "Lachhiram Mahor". It is further submitted by petitioner's counsel that
the correction of the name is a mere clerical error, which does not affect the
substantive rights of the parties. Under Section 152 of the CPC, the Family Court
has the authority to correct such error. The petitioner contends that correction is
essential to ensure consistency between Court's records and her Official
NEUTRAL CITATION NO. 2026:MPHC-GWL:3063
3 MP-6440-2024
documents, which will also enable her to pursue her claim for compassionate
appointment.
5. After hearing the learned counsel for petitioner and upon perusal of the
impugned order as well as the documents on record, this Court is of the view that
the petitioner has made out a prima facie case for the correction of clerical error.
6. In light of the facts and legal grounds presented, the impugned order dated
16.10.2024 passed by Family Court is set aside. The Family Court is directed to
rectify the name of petitioner's father in the judgment and decree from
"Laxminarayan Mahor" to "Lachhiram Mahor". The concerned authorities are also
directed to take appropriate action in accordance with corrected decree.
7. In view of the above, the Miscellaneous Petition is allowed and stands
disposed of.
(HIRDESH)
JUDGE
MKB
