VALSALA SIVA RAJAN Vs. K SIVARAJAN

JUDGEMENT

(1.) PETITIONER is the wife of the respondent. The respondent/husband filed O.P.No.1341 of 2010 before the Family Court, Thiruvananthapuram against the petitioner/wife for a declaration and injunction. There are three schedules to the petition, namely, A, B and C. 'A' schedule consists of seven items of properties. It is stated by the husband that those items of properties in the 'A' schedule were acquired in the name of his wife using his funds; 'B' schedule property stands in the joint names of the husband and wife and 'C' schedule properties are the gold ornaments which are kept in the locker.

(2.) THE plaintiff/husband filed I.A.No.1912 of 2011 for interim injunction. The defendant/wife filed a counter affidavit in I.A.No.1912 of 2011. According to the plaintiff/husband, the Family Court passed an order on 4.10.2011 which was clarified on the same date stating that the petitioner's (plaintiff/husband's) right of enjoyment of plaint 'A' and 'B' schedule properties is not affected by the order. However, according to the defendant/wife, instead of mentioning as "counter petitioner", it was mentioned in the order as "petitioner". On 28.10.2011, the defendant/wife filed I.A.No.3403 of 2011 under Section 152 of the Code of Civil Procedure to correct the mistake in the order dated 4.10.2011. That application was dismissed by the Family Court as per the order dated 27.4.2012. Two reasons were stated for the dismissal of the application, namely, (1) The statement made by the defendant/wife that an order was passed in I.A.No.1912 of 2011 on 4.10.2011 is not correct. The order was passed on 19.9.2011. (2) A copy of the order sought to be corrected was not produced by the defendant/wife.

(3.) SINCE we have found that the reasons stated by the court below for dismissing the application are not correct, we set aside the order dated 27.4.2012 in I.A.No.3403 of 2011 in O.P.No.1341 of 2010. The court below shall pass fresh orders in I.A.No.3403 of 2011 in O.P.No.1341 of 2010, as expeditiously as possible and, at any rate, within a period of one month from the date of production of a copy of this judgment. The court below shall take note of the contentions put forward by both parties and pass a speaking order. The Original Petition (FC) is allowed as indicated above.