Smt. Polas Shalini , Ch. Santhoshi Bai, Vs Polas Shiva Kumar

HON'BLE SRI JUSTICE L. NARASIMHA REDDY

CIVIL REVISION PETITION No.3977 OF 2012

ORDER:

The respondent - the husband of the petitioner filed O.P. No.42 of 2008 under Section 13 of the Hindu Marriage Act, 1955 for divorce in the Family Court, Hyderabad, against the petitioner. A compromise decree was passed on 19-04-2012. Stating that her name was not fully described together with the alias name, petitioner filed I.A. No.501 of 2012 with a prayer to amend the cause title by adding the alias name viz., Ch. Santhoshi Bai. Respondent stated no objection. However, the trial Court dismissed the application on 12-07-2012 on the ground that it has no jurisdiction once the O.P. was disposed of.

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2. Heard Sri Kowturu Vinaya Kumar, learned counsel for the petitioner, and Sri T.S.K. Trilok Raj, learned counsel for the respondent.

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3. It is no doubt true that the proceedings would no more be pending before the trial Court, once the O.P. was disposed of. However, if any error as to description or amendment without touching the merits is to be carried out, the Courts have jurisdiction, be it under Section 152 of the Code of Civil Procedure, 1908 or under other relevant provisions. The attempt of the petitioner is only to avoid uncertainty as to the description of her name.

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4. Therefore, the Civil Revision Petition is allowed and the order dated 12-07-2012 in I.A. No.501 of 2012 in O.P. No.42 of 2008 is set aside. The said I.A. i.e., I.A. No.501 of 2012 shall stand allowed. The trial Court shall issue the certified copy of the decree with the amendment as directed. There shall be no order as to costs.

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5. Consequently, the Miscellaneous Petition filed by the

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petitioner in this revision shall also stand disposed of.

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________________________ L. NARASIMHA REDDY, J April 23, 2013. SIVA/PV

Smt. Polas Shalini , Ch. Santhoshi Bai, v. Polas Shiva Kumar

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Smt. Polas Shalini , Ch. Santhoshi Bai, v. Polas Shiva Kumar

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