Clerical error in maintenance petition name could be corrected where identity was proved and substance of claim was established.
A maintenance petition under Section 125 CrPC was not defeated by a clerical mistake in the first petitioner's name where identity as the respondent's wife and the minor petitioners' mother was otherwise proved. The court treated the error as a correctable technical defect, noting that Section 125 proceedings are intended as a speedy social remedy and should not fail on form when substance is established. It further held that subordinate criminal courts may correct obvious mistakes to prevent prejudice or miscarriage of justice. The Magistrate's acceptance of the corrected identity on evidence involved no illegality, impropriety, or incorrectness, so the maintenance order was upheld.
Issues: Whether a maintenance petition under Section 125 of the Code of Criminal Procedure, 1973 could be sustained when the first petitioner's name was wrongly shown by clerical mistake, and whether the Magistrate could treat the error as a correctable clerical mistake and grant maintenance on the basis of identity proved by the evidence.
Analysis: The identity of the first petitioner as the wife of the respondent and mother of the minor petitioners was not in dispute, and the wrong name in the petition was only a clerical error. Proceedings under Section 125 of the Code of Criminal Procedure, 1973 are meant to provide a speedy social remedy and should not fail on technical defects when the substance of the claim is otherwise established. The court held that subordinate criminal courts are not powerless to correct obvious mistakes when such correction is necessary to do justice and prevent prejudice or miscarriage of justice. The Magistrate's acceptance of the corrected identity on evidence was a factual finding with no illegality, impropriety, or incorrectness warranting interference in revision.
Conclusion: The correction of the petitioner's name was permissible, and the maintenance order could not be set aside on the ground of the clerical mistake.
TaxTMI 
AI Drafter ✕
TaxTMI 
