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2024 Supreme(Ker) 567

P. M. MANOJ, RAJA VIJAYARAGHAVAN V.
Benjeena P. J. – Appellant
Versus
C. P. Pappachan – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: G. Krishnakumar, B.S. Suraj Krishna, Agnet Jarard, Vinay John A.J.
For the Respondents: Yash Thomas Mannully, Soman P. Paul.

JUDGMENT :

1. This petition is filed challenging the order dated 09.11.2023 in I.A. No. 2 of 2023 in O.P. No. 578 of 2023 on the files of the Family Court, North Paravur, by which the application filed by the respondent for amendment of the written statement was allowed.

2. Short facts are as under. For the sake of ease and clarity, the parties shall be described as per their status before the Family Court:

    (a) The petitioner is the wife of the respondent. The Original Petition was filed seeking to pass a decree declaring the matrimonial status of the petitioner and the 1st respondent.

(b) The respondent filed a written statement on 18.12.2019 contending inter alia that the marriage solemnized between the parties was neither legal nor in accordance with the Cochin Christian Civil Marriage Act, 1095 and in that view of the matter, no declaration, as prayed for, can be granted.

(c) While so, the respondent filed an application to amend Ext.P2 written statement.

(d) A detailed counter statement was filed pointing out that the amendment sought, if allowed, will change the entire nature of the case and the attempt of the respondent was to resile from his earlier version and put up new content

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