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2018 Supreme(Bom) 817

S.B.SHUKRE
Premdeep Nishikant Matlane – Appellant
Versus
Bhavana W/o Premdeep Matlane – Respondent


Advocates Appeared:
For the Petitioner: Shri Hemant Surve.
For the Respondent: Shri N.B. Bargat.

JUDGMENT :

1. Rule. Rule made returnable forthwith. Heard finally by consent.

2. The order refusing amendment application passed on 15.03.2017 by the Judge, Family Court, Akola is under challenge in the present petition. After hearing both sides, what appears on record is that the proposed amendments are based upon the grounds already available to the petitioner under Section 10 of the Hindu Marriage Act and also the relief which can be even otherwise sought by the petitioner. By the proposed amendments, the petitioner is seeking to add ground in Clause (i-a) of Section 13(1) of the Hindu Marriage Act and as this ground is also available under Section 10 of the Act, I do not see any impediment in allowing such an amendment. As regards the additional relief of divorce being sought by the petitioner, I am of the view that it would not basically change the nature of proceedings as it is not something which would efface the original relief which was of a decree for judicial separation sought by the petitioner. The proposed amendment can be said to be amounting to changing the nature of proceedings only when it is completely inconsistent with the original amendment or is of such a nature






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