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2007 Supreme(Bom) 161

B.R.GAVAI
KISHOR s/o BHlKANSINGH RAJPUT – Appellant
Versus
PREETI w/o KISHOR RAJPUT – Respondent


Judgement Key Points

Key Points: - The petition challenges an adverse order rejecting framing of additional issues and disallowing an earlier amendment in a family court proceeding for divorce. (!) (!) - The court earlier allowed an amendment (March 3, 2006) to the pleadings, which was later disallowed in September 2006; petitioner challenged these orders. (!) - The High Court (Oral Judgment) quashed the orders dated 15th September 2006 and 25th September 2006, restored the earlier amendment, and allowed the application for framing additional issues. (!) (!) - The petition/restoration directs the Family Court to proceed with Petition No. B-2 of 2005; the petition is restored to the file. (!) - The Court criticized the procedural conduct of the Family Court as perverse and inconsistent with law, emphasizing that once an amendment is allowed, it cannot be disallowed later in the context of considering additional issues. (!) (!) - The Court directed parties to cooperate and not seek unnecessary adjournments, with a date for appearance and continuation set. (!) - The writ petition is allowed with no order as to costs; rule absolute in terms specified. (!) (!)

Question 1?

How to restore an amendment already granted by a Family Court after it is subsequently disallowed in the framing of additional issues?

Question 2?

What is the effect of an amendment on subsequent proceedings and the right to frame additional issues in a divorce petition?

Question 3?

What are the consequences when a Family Court proceeds despite an active challenge in a higher court regarding its previous orders?


ORAL JUDGMENT :- Rule made returnable forthwith. Heard by consent.

2. By way of present petition, the petitioner challenges the order dated 15th September, 2006 passed by the learned Judge of the Family Court, Aurangabad, below Exhibit 44 in Petition No. B-2 of 2005 by which the application of the present petitioner for framing additional issues has not only been rejected but the amendment which has been granted earlier is disallowed and the order dated 25th September, 2006 below Exhibit 45 by which the application for adjournment came to be rejected.

3. The petitioner/husband has filed a petition for dissolution of marriage.

After filing of the petition, since according to the petitioner, he came to know about the fact of earlier surviving marriage of the respondent with somebody else, he filed an application for amendment. The same was allowed by the learned Judge of the Family Court vide order dated 3rd March, 2006. Thereafter, the respondent/wife has also amended the written statement so as to incorporate the amended pleadings.

4. Thereafter, the present petitioner filed an application for framing additional issues in view of the amended pleadings. The same came to be rejected










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