The High Court disposed of a writ petition challenging the Trial Court's order allowing amendment of the cause-title in a maintenance suit, holding no jurisdictional error was committed and clarifying the amendment does not form part of pleadings.
No costs to any party. Writ petition disposed of in the stated terms.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
29-wp2459-2020.doc
AGK
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.2459 OF 2020
ATUL GANESH KULKARNI
Digitally signed byATUL GANESHKULKARNI Date: 2023.11.0617:02:33 +0530
Kailas Anna Atole… Petitioner
V/s.
Jayashree Kailas Atole… Respondent
Mr. Yogesh Patil for the petitioner.
Mr. Sushant S. Prabhune for the respondent (through
V.C.)
CORAM :AMIT BORKAR, J.
DATED:NOVEMBER 6, 2023
P.C.:
1.The defendant is challenging order dated 7 January 2020
passed by the Trial Court allowing application for amendment of
the plaint.
2.The respondent/wife filed Regular Civil Suit No.435 of 2012
seeking maintenance under Section 25 of the Hindu Marriage Act,
1955. After completion of arguments, she filed an application
under Order 6 Rule 17 of the Code of Civil Procedure, 1908 for
carrying out amendment in the cause-title of the plaint contending
that the suit for maintenance under Section 16 of the Hindu
Adoption and Maintenance Act, 1956.
3.The Trial Court allowed the application holding that such an
amendment would not constitute amendment of pleadings.
1
29-wp2459-2020.doc
4.Considering the reasoning assigned by the Trial Court, in my
opinion, there is no error of jurisdiction committed by the Trial
Court by allowing application for amendment.
5.However, it is clarified that the amendment carried out by
the plaintiff shall not form part of the pleadings of the parties.
6.The writ petition stands disposed of in above terms. No
costs.
(AMIT BORKAR, J.)
2
2 issues framed by the court
Whether the Trial Court committed an error of jurisdiction by allowing the amendment of the cause-title in the plaint.
Whether the amendment carried out shall form part of the pleadings of the parties.
3 provisions across 3 enactments
ATUL GANESH KULKARNI
JAYASHREE KAILAS ATOLE
AMIT BORKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court