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2020 Supreme(Kar) 1531

B.M.SHYAM PRASAD
Satyavathi Devi Velidanda Daughter Of Suryanarayana Yamujala Wife Of Srinivas Velidanda – Appellant
Versus
Srinivas Velidanda Son Of Rama Krishna Rao Velidanda – Respondent


Advocates Appeared:
Satyavathi Devi Velidanda, Advocate, Shiv Kumar, Advocate, R.S. Vedavyasa Rao, Advocate

JUDGMENT

B. M. Shyam Prasad, J. - The petitioner, party-in-person and the learned counsel for the respondent are heard, and the impugned order dated 17.1.2020 in M.C.No.4990/2015 on the file of the II Additional Principal Judge, Family Court, Bengaluru (for short, Family Court ) is perused.

2. The Family Court by the impugned order dated 17.1.2020 has rejected the petitioner s application [I.A. NO.9] under Order VI Rule 17 read with Section 151 of Code of Civil Procedure, 1908 (for short, CPC). The petitioner by this application seeks to include a prayer for permanent alimony under Section 25 of the Hindu Marriage Act, 1955 (for short, HM Act ) and also include certain assertions in support of such prayer. The Family Court has rejected the application [I.A. NO.9] on the ground that amendment of pleadings under Order VI Rule 17 of CPC cannot be typically allowed after commencement of trial unless it is shown to the Court s satisfaction that the party seeking amendment of the pleadings could not place such contentions on record earlier despite due diligence, and in the present case, the petitioner has not made out any ground to justify the amendment after commencement of the trial. Th

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