Cuttack vs Unknown
2021 Latest Caselaw 1134 Ori

                                 MATA NO.109 OF 2020




04.   01.02.2021                   Due to the pandemic situation for COVID-
                   19, this matter is taken up through Video Conferencing
                   mode.
                                   Heard.
                                   Though this matter is listed under the
                   heading of "Fresh Admission", we are taking up the
                   matter for final disposal.
                                   In view of the nature of the order we are
                   going to pass, there is no necessity of issuing any
                   notice to the respondent.
                                   The present appeal has been filed against
                   the order dated 31.08.2020 passed in Civil Proceeding
                   No.432 of 2015 by the learned Judge, Family Court,
                   Cuttack, rejecting the prayer of the petitioner for
                   correction of some calculation error in the Judgment
                   dated      31.08.2020    passed   in    the     aforesaid    Civil
                   Proceeding.
                                   On perusal of the judgment, it is found
                   from para-9 of the judgment that the learned Judge,
                   Family      Court,   Cuttack   has     calculated     1/4th     of
                   Rs.11,000/- as Rs.4,000/-, though it should be
                   Rs.2,750/- rounded to Rs.3,000/-.
                                   In view of this initial calculation mistake,
                   it   has    committed     mistake      in     calculation,    i.e.,
                   Rs.4,000/- X 12 = Rs.48,000/- and Rs.48,000/- X 7 =
         Rs.3,76,000/-, though actually it is Rs.3,36,000/- on
        arithmetical calculation.
                      In the impugned order, learned Judge,
        Family Court has refused to make correction in the
        calculation on the ground that, as the petitioner, being
        the husband, is going to get much benefits, as he is
        taking VRS, he should pay the amount calculated,
        though it is wrong. Such reasoning does not commend
        to us.
                      In view of such fact, the matter is
        remanded back to the learned Judge, Family Court,
        Cuttack, for making calculation axiomatically in a
        correct manner and reach the finding in accordance
        with law, after giving opportunity of hearing to the
        parties concerned.
                      The MATA is accordingly disposed of.
                      Authenticated       copy   of   this   Order
        downloaded from the website of this Court in the
        manner prescribed in this Court's Notice No.4587,
        dated 25.03.2020 shall be treated at par with the
        certified copy of this Order.


                                        ...............................
                                          C.R. Dash, J.

............................... Savitri Ratho, J. Subha Subha