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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MANJUSHA DESHPANDE
Sandhya Shekhar Zanjare – Appellant
Versus
Shekhar Suresh Zanjare – Respondent
| Table of Content |
|---|
| 1. petitioner challenges amendment based on earlier marriage claim. (Para 2 , 3 , 4) |
| 2. timing of amendment application raised post-affidavit challenges. (Para 5 , 6 , 7) |
| 3. due diligence impacts amendment permissibility. (Para 8 , 9 , 10) |
| 4. reliance on judicial precedents emphasizes trial commencement. (Para 11 , 12 , 13) |
| 5. factors guiding amendments addressed in legal precedents. (Para 14 , 15 , 18 , 19 , 21) |
| 6. final ruling addresses validity of amendment request. (Para 20 , 22) |
JUDGMENT :
1. Rule. Rule made returnable forthwith, the Writ Petition is taken up for final disposal with consent of the parties.
3. The Petitioner is the wife of the Respondent herein. They were married on 19th February 2006. After her marriage she started residing with her husband. Because of the matrimonial discord, the Respondent husband filed a petition for divorce under Section 13(1)(i-a)(i-b) of the Hindu Marriage Act. The divorce proceedings were filed on 08th December 2014. The Petitioner filed her reply to the Petition for divorce on 02nd November 2015. Thereafter the affidavit in lieu of evidence was filed by the applicant husband on 07th October 2017. After filing of affidavit in li
Trial commences upon filing of affidavit in lieu of evidence; consequently, amendments beyond this stage require established due diligence.
The main legal point established in the judgment is the significance of due diligence in seeking amendments to pleadings, especially after the trial has commenced, to prevent delays in adjudication.
(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....
Order 6 Rule 17 CPC, which reads as amendment of pleadings.
The due diligence test in Order VI Rule 17 of the Code of Civil Procedure does not apply universally to all amendments after trial commencement; courts should focus on the necessity of amendments for....
The main legal point established in the judgment is the requirement of due diligence, as contained in the proviso to Order VI, Rule 17 of CPC, and the factors necessary to be considered while decidin....
(1) No application for amendment shall be allowed after trial has commenced unless court comes to conclusion that in spite of due diligence party could not have raised matter before commencement of t....
Amendments to pleadings under Order VI Rule 17 of CPC require due diligence; delays in seeking such amendments post-trial commencement can justify rejection to prevent prejudice to opposing parties.
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