Smt. Zeenat Khan v. Mohammad Junaid Khan

Smt. Zeenat Khan D/o Rafiq Qureshi Aged About 36 Years R/o Near Ali Kirana Store, Wahid Manjil, Faiznagar, Talapara, Bilaspur, District Bilaspur (C.G.) ... Petitioner(s) versus Mohammad Junaid Khan S/o Late Shri Salim Mohammad Aged About 38 Years R/o Near Kutchari, Sarangarh, Distt.- Sarangarh- Bilaigarh (C.G.) ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) For Respondent : Shri J.K. Gupta, Advocate : Shri Anurag Verma, Advocate Hon'ble Shri Bibhu Datta Guru , Judge Order on Board

29.07.2026

This MCC has been filed seeking correction/modification of an inadvertent clerical error in the order dated 2

06.04.2026 passed by this Court in Transfer Petition No. 101 of 2025.

Learned counsel for the applicant submits that the aforesaid transfer petition was disposed of by this Court vide order dated 06.04.2026, whereby Civil Suit No. A/17/2025 pending before the Family Court, Sarangarh- Bilaigarh was transferred to the Family Court, Bilaspur. It is submitted that while passing the aforesaid order, due to an inadvertent typographical/clerical error, paragraph No. 9 of the order mentions that "Both the parties are directed to remain present before the Family Court, Jashpur on 13.05.2026."

It is further submitted that paragraph No. 8 of the order specifically directs transfer of the matrimonial case to the Family Court, Bilaspur. Thus, the mention of "Family Court, Jashpur" in paragraph No. 9 is contrary to the operative part of the order and is a purely clerical/typographical error. It is further submitted that since the date fixed for appearance, i.e., 13.05.2026, has already expired, a fresh date may also be fixed for 3 appearance of both the parties before the Family Court, Bilaspur.

I have considered the submissions advanced by learned counsel for the applicant and perused the record.

On perusal of the record, it is evident that while paragraph No. 8 of the order dated 06.04.2026 specifically directs transfer of Civil Suit No. A/17/2025 to the Family Court, Bilaspur, paragraph No. 9 inadvertently mentions "Family Court, Jashpur. " The discrepancy is apparent from the record and is purely clerical in nature. Since the error does not affect the merits of the case or prejudice either of the parties, the same deserves to be corrected. Further, as the date fixed for appearance before the transferee Court has already expired, it is appropriate to fix a fresh date for appearance of both the parties before the Family Court, Bilaspur.

It is directed that in paragraph No. 9 of the order dated

06.04.2026 passed in Transfer Petition No. 101 of 2025, be read as "Family Court, Bilaspur" in place of Family Court Jashpur. It is further directed that both the parties shall remain present before the Family Court, Bilaspur 4 on 18.08.2026. The remaining contents of the order dated 06.04.2026 passed in Transfer Petition No. 101 of 2025 shall remain unaltered.

With the aforesaid correction/modification, the MCC stands allowed.

Let this order be made part of the record of Transfer Petition No. 101 of 2025. Sd/- Shoaib (Bibhu Datta Guru) Judge