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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Lalitha Kanneganti
P. Suresh, S/O K.Pitchai Muthu – Appellant
Versus
Deepa, W/O P.Suresh – Respondent
ORDER :
Lalitha Kanneganti, J.
Aggrieved by the order passed in I.A.No.XI in M.C.No.4823/2017 dated 23.11.2024 by the I Additional Principal Judge, Family Court, Bengaluru, whereby the Family Court had rejected I.A.No.XI filed under Order VI Rule 17 of Code of Civil Procedure, the petitioner/husband is before this Court.
2. The parties are referred to as husband and wife for the sake of convenience.
3. The husband had filed M.C.No.4823/2017 seeking divorce on the ground of cruelty as well as desertion. In the petition that is filed before the Family Court, it is stated that the cause of action arose on 26.01.2001 when the marriage between the petitioner/husband and respondent/wife got solemnized and thereafter, again during the year 2007 when the wife left the husband in October, 2010. The M.C. is filed in the year 2017. During the Course of trial, the present I.A. came to be filed under Order VI Rule 17 of CPC. Now, by way of this amendment, the husband wants to amend the cause of action as when the respondent left the petitioner in October 2005 and subsequently on 27.04.2012 when the petitioner was acquitted from the case in S.C.No.884/2010 filed by the respondent and on subsequent d
A party's application for amendment of pleadings must be timely and justified; undue delays or lack of valid reasons can lead to dismissal.
(1) Amendment in Pleadings (Marriage Petition) – Not permitting amendment subsequent to commencement of trial is with object that when evidence is led on pleadings in a case, no new case be allowed t....
The addition of relief clause in a petition seeking dissolution of marriage may be permitted if the relevant grounds have already been taken in the original petition, and strict principles of the Cod....
Amendments to a plaint under Order VI Rule 17 require sufficient reasoning; extensive changes that alter the nature of the suit were not permitted as a new filing.
Amendments to pleadings may be permitted at any stage unless they change the fundamental nature of the case; sufficient diligence must be shown when applying post-trial commencement.
Amendments to pleadings post-trial require showing of due diligence, and must not alter the fundamental nature of the case, or cause undue prejudice to the opposing party.
Amendments to pleadings in divorce proceedings can be permitted at any stage to ensure effective adjudication, especially when based on subsequent events, reinforcing judicial discretion in allowing ....
Application for amendment - Provision of Order VI Rule 17 CPC clear that at any stage of proceedings Court may allow either party to alter or amend pleadings as may be necessary for purpose of determ....
The court ruled that a liberal approach should be taken towards permitting amendments in pleadings, especially when crucial facts are omitted, and delay alone does not justify rejection if trial has ....
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