Case Note & Summary
The petitioner, Sajan Jagannath Nakase, filed a Hindu Marriage Petition under Section 13 of the Hindu Marriage Act, 1955, seeking dissolution of his marriage with the respondent, Sandhya Sajan Nakase, on the ground that she suffered from epilepsy, which caused abnormal behavior adversely affecting his children from his first wife. After filing the petition, the petitioner sought an amendment to include a declaration that the marriage was null and void. The trial court rejected the amendment application (Exh. 22) vide order dated 24th October 2005 in HMP No. 17/2004. The petitioner challenged this order in the High Court. The High Court observed that the amendment sought only to amplify the existing grounds and did not change the cause of action. The court partly allowed the petition, quashing the impugned order and permitting the amendment to the extent of paragraph 3(A). The rule was made absolute with no order as to costs.
Headnote
A) Civil Procedure - Amendment of Pleadings - Permissibility - Amendment amplifying existing grounds not changing cause of action - The petitioner sought to add a prayer for declaration of nullity of marriage under Section 13 of the Hindu Marriage Act, 1955, based on the same facts of epilepsy. The court held that the amendment only amplified the existing case and did not introduce a new cause of action, hence allowed. (Paras 5-7)
Issue of Consideration
Whether the amendment sought by the petitioner to include a declaration that the marriage was null and void changes the cause of action and is permissible under law.
Final Decision
The petition is partly allowed. The impugned order dated 24th October 2005 is quashed and set aside. The amendment application (Exh. 22) is allowed to the extent of paragraph 3(A). Rule made absolute with no order as to costs.
Law Points
- Amendment of pleadings
- Hindu Marriage Act
- 1955
- Section 13
- nullity of marriage
- cause of action
- amplification of grounds
Case Details
2006 LawText (BOM) (06) 99
WRIT PETITION NO. 669 OF 2006
Shri Girish Bapat for petitioner, Shri Sajjad Hussain for respondent
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Nature of Litigation
Writ petition challenging rejection of amendment application in a Hindu Marriage petition.
Remedy Sought
Petitioner sought quashing of the order rejecting his amendment application and permission to amend the petition to include a declaration that the marriage was null and void.
Filing Reason
The trial court rejected the petitioner's application for amendment of the Hindu Marriage petition.
Previous Decisions
The Civil Judge, Senior Division, Gondia rejected the amendment application (Exh. 22) in HMP No. 17/2004 on 24th October 2005.
Issues
Whether the amendment sought by the petitioner changes the cause of action.
Whether the amendment is permissible under law.
Submissions/Arguments
Petitioner's counsel submitted that the amendment only amplifies the existing case and does not change the cause of action.
Respondent's counsel opposed, arguing that the amendment changes the entire cause of action.
Ratio Decidendi
An amendment that amplifies the existing grounds without changing the cause of action is permissible. The court allowed the amendment to include a declaration of nullity as it was based on the same facts already pleaded.
Judgment Excerpts
By way of the said paragraph, the petitioner is only amplifying the case for which foundation is already there in the main petition.
In that view of matter, the petition is partly allowed.
Procedural History
The petitioner filed HMP No. 17/2004 under Section 13 of the Hindu Marriage Act for divorce. He then filed an amendment application (Exh. 22) which was rejected by the Civil Judge, Senior Division, Gondia on 24th October 2005. The petitioner challenged this order by filing Writ Petition No. 669 of 2006 in the Bombay High Court, Nagpur Bench.
Acts & Sections
- Hindu Marriage Act, 1955: Section 13
