Case Note & Summary
The petitioner, Sajan Jagannath Nakase, filed a 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 filed an application (Exh. 22) seeking amendment to add a declaration that the marriage, which took place on 8th June 2003, was null and void. The learned Civil Judge, Senior Division, Gondia, rejected the amendment application by order dated 24th October 2005 in HMP No. 17/2004. The petitioner challenged this order by way of a writ petition before the Bombay High Court, Nagpur Bench. The petitioner's counsel, Shri Girish Bapat, submitted that the petitioner only pressed the amendment in paragraph 3(A) and not the rest. The respondent's counsel, Shri Sajjad Hussain, opposed the amendment, arguing that it would change the entire cause of action. The court examined paragraph 3(A) and found that the averments therein did not change the cause of action but merely amplified the case for which foundation was already laid in the main petition. Accordingly, the court partly allowed the petition, quashed the impugned order, and allowed the amendment to the extent of paragraph 3(A). The rule was made absolute in those terms with no order as to costs.
Headnote
A) Civil Procedure - Amendment of Pleadings - Amplification of Cause of Action - The court held that an amendment which only amplifies a case for which foundation already exists in the main petition does not change the cause of action and should be allowed. The petitioner sought to add a declaration of nullity to a divorce petition under Section 13 of the Hindu Marriage Act, 1955, which was based on the wife's epilepsy. The court found that the amendment merely amplified the existing ground and allowed it. (Paras 5-7)
Issue of Consideration
Whether the amendment sought by the petitioner to add a declaration that the marriage was null and void changes the cause of action and should be allowed.
Final Decision
The petition is partly allowed. The impugned order dated 24th October 2005 is quashed and set aside. The application below Exh. 22 is allowed to the extent of paragraph 3(A). Rule made absolute in those terms with no order as to costs.
Law Points
- Amendment of pleadings
- Amplification of cause of action
- Liberal approach to amendments
- Hindu Marriage Act
- 1955
- Section 13
