Vipan Kumar Vs Babita Kumari — Himachal Pradesh HC (2024) — LawSathi Research

Vipan Kumar Vs Babita Kumari — Himachal Pradesh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Permission granted to correct the date of marriage to 7/8th February, 2012 and the date of birth of son Ishan to 14th July, 2014 in the statement of Vipan Kumar dated 23.08.2024, and correspondingly in judgment dated 19.11.2024; Court Master directed to carry out corrections with his initials and upload the corrected judgment on the High Court website; downloaded copies accepted without insistence on certified copy.

Issue for consideration

Whether the date of marriage of the parties and the date of birth of their son Ishan may be corrected in the statements of the parties and, correspondingly, in judgment dated 19.11.2024 passed in the main appeal.

Court's answer

The judgment dated 19.11.2024 did not itself record or dictate any date of marriage or date of birth; those dates appeared only in the statements of the parties reproduced verbatim in the judgment, so correction had first to be carried out in the parties' statements and thereafter in the reproduced statements within the judgment.

Ratio / Principle

The dates are permitted to be corrected in the statement of Vipan Kumar dated 23rd August, 2024: date of marriage as 7/8th February, 2012 (instead of 7th December 2012) and date of birth of son Ishan as 14th July, 2014 (instead of 17.07.2012), the submissions having been endorsed by learned counsel for the respondent.

Key takeaways

Consequent upon the correction in the parties' statements, the said dates shall also be corrected in judgment dated 19th November, 2024 passed in the present matter.ratio¶14
Necessary corrections are to be carried out in the record by the Court Master of this Court with his initial in the hard copy.ratio¶15
The parties are permitted to produce a copy of the order downloaded from the High Court website, and concerned authorities shall not insist on a certified copy of the order.ratio

Detailed headnote1 paragraphs

Correction application (CMP No. 581 of 2025) in FAO(FC) No. 49 of 2021, disposed of by a bench comprising Vivek Singh Thakur and Rakesh Kainthla, Judge, on 10.01.2025. The Court held that its judgment dated 19.11.2024 in the main appeal had recorded no date of marriage or date of birth itself; the dates appeared only in the verbatim-reproduced statements of the parties. Accordingly, the date of marriage was permitted to be corrected to 7/8th February, 2012 (instead of 7th December 2012) and the date of birth of son Ishan to 14th July, 2014 (instead of 17.07.2012) in the statement of Vipan Kumar dated 23rd August, 2024, with corresponding correction in the judgment dated 19th November, 2024. The Court noted that the Family Court judgment dated 21.08.2021 had already recorded the marriage date as 7th February, 2012 and the child's date of birth as 14th July, 2014. The Court Master was directed to make the corrections with his initials and upload the corrected judgment to the High Court website, and downloaded copies were deemed acceptable in place of certified copies.

Vipan Kumar vs. Babita Kumari

FAO(FC) No.49 of 2021

10.01.2025 Present : Mr. Jagan Nath, Advocate for the applicant/appellant.

Ms. Shikha Chauhan, Advocate for the respondent/non-applicant.

CMP No. 581 of 2025

This application has been filed by petitioner for correction of the date of marriage of parties and date of birth of their son namely Ishan in judgment dated 19.11.2024 passed in main appeal.

Perusal of judgment indicates that Court has not mentioned or dictated any date of the marriage of parties or date of birth of their son in it, rather, the dates have come in the statement of petitioner Vipan Kumar, which was endorsed by respondent Babita Kumari and the said statements have been reproduced in judgment in verbatim. Therefore, correction, if any, is to be carried out firstly in statements of parties and thereafter only, correction can be carried out in judgment i.e. in the reproduced statements of parties.

The correction with respect to date of marriage has been proposed to reflect the date of marriage as 8^th February, 2012. However, perusal of judgment dated 21^st August, 2021 passed by the Family Court, date of marriage has been mentioned as 7^th February, 2012.

At this stage, learned counsel for applicant/appellant submits that date of marriage of parties and date of birth of their son is, in fact, intended to be corrected in statements of parties, which have also been reproduced in judgment and he further submits that marriage of parties was solemnized during intervening night between 7^th and 8^th February, 2012 and though ceremonies were started on 7^th February but were completed on 8^th February and therefore, parties had conceptualized their date of marriage as 7^th February, 2012. However, in the record of Army, the date of marriage of parties has been mentioned as 8^th February, 2012 may be on the basis of information supplied by petitioner Vipan Kumar inadvertently as he, probably, remembered and had communicated the date of marriage on which date ceremonies were completed and therefore, he has submitted that date of marriage be reflected in statements of parties as well as in judgment as 7/8^th February, 2012.

With aforesaid submissions, learned counsel for parties have prayed to consider this application for carrying out the correction in statements of parties with respect to date of marriage of parties as well as date of birth of their child Ishan and corresponding, correction in judgment dated 19^th November, 2024 passed by this Court in main appeal.

To substantiate the date of birth of Ishan mentioned in application, copy of birth certificate has been placed on record. It is also apt to record that date of birth of Ishan has also been

rightly mentioned as 14^th July, 2014 in judgment dated 21.08.2021 passed by the Family Court.

Taking into consideration the material on record and submissions made by learned counsel for petitioner, which has also been endorsed by learned counsel for respondent, dates of marriage of parties and date of birth of their son Ishan are permitted to be corrected in statement of Vipan Kumar dated 23^rd August, 2024, respectively as 7/8^th February, 2012 instead of 7^th December 2012 and 14^th July, 2014 instead of 17.07.2012.

Consequently, the said date shall also be corrected in judgment dated 19^th November, 2024 passed in present matter.

Necessary corrections be carried out in the record by the Court Master of this Court with his initial in the hard copy and after necessary correction, the soft copy of corrected judgment be also uploaded on the website of the High Court.

The parties are permitted to produce copy of order downloaded from the High Court website and the concerned authorities shall not insist for certified copy of the order, however, they may verify the order from the High Court website or otherwise.

Application stands disposed of accordingly.

(Vivek Singh Thakur) Judge January 10, 2025 (Rakesh Kainthla) (ms) Judge