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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
ALOK AWASTHI
Tousif – Appellant
Versus
Shaiba – Respondent
ALOK AWASTHI, J.
1. The miscellaneous petition is preferred under Article 227 of the Constitution of India being aggrieved by the order 15.05.2025 passed by learned Principal Judge, Family Court, District Dewas in RCSA No. 08/2023, wherein an application under Order VI Rule 17 dated 15.05.2025 has been dismissed.
2. The brief facts of the case, are that, the petitioner and respondent both are husband and wife married on 06.06.2013 according to the Muslim rites at Dewas (M.P.) and out of this wedlock two daughters Ku. Iera and Ku. Iza was on 08.04.2014 and 13.12.2017 respectively, out of which Ku. lera is residing with Respondent and Ku. Iza is residing with Petitioner. Further, it is stated that the respondent has deserted the petitioner without any good and sufficient cause on 26.07.2020 and subsequently in the year 2023, has submitted civil suit for divorce and claming Maher & Stridhan under Muslim Laws.
3. The written statement has been submitted by the petitioner before the Trial Court on 17-10-2024 thereby denying all the facts of plaint averments and prayed for dismissal of suit, thereby stating that the respondent has voluntary left matrimonial home without any good and
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 ....
The proviso to Order 6 Rule 17 CPC restricts the amendment of pleadings after the trial has commenced, unless due diligence is proven, and the proposed amendment is necessary to decide the real dispu....
The court emphasized a liberal approach to amendments in written statements, allowing alternative defenses to ensure a complete adjudication and prevent the miscarriage of justice.
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 ....
Amendments to pleadings under CPC require showing due diligence and must be justified; failure to do so results in dismissal of such applications.
Amendments to pleadings must be necessary to resolve substantive disputes rather than mere denials of the defendants' claims, as per the procedural rules governing civil litigation.
Amendments to pleadings must not change the fundamental nature of the case or introduce contradictory claims and should be sought diligently within the timeframe set by law.
Established limits for amending pleadings after trial onset under CPC provisions.
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