Case Note & Summary
The petitioner-wife filed a writ petition challenging the order dated 15/02/2017 passed by the Principal Judge, Family Court, Kolhapur in P.A. No.110 of 2015, rejecting her application for amendment of written statement under Order 6 Rule 17 of the Code of Civil Procedure, 1908 (CPC). The respondent-husband had filed a divorce petition on grounds of cruelty, desertion, and non-consummation of marriage. The wife contended that after the filing of the petition, the husband repeatedly assured her that the petition was filed at the behest of his elder sister and that he would not pursue it. Initially, the petition was dismissed for default, but later restored. During the hearing, the wife realized that the husband was making false statements and wanted to cross-examine him on those aspects, but her cross-examination was restrained due to lack of pleadings. She sought to amend her written statement to incorporate the facts about the husband's assurances and false statements. The Family Court rejected the amendment on the ground that the trial had commenced. The High Court held that the trial had not actually commenced as the husband's evidence was not yet complete and the wife's cross-examination was ongoing. The court emphasized that amendments should be liberally allowed at a pre-trial stage to avoid multiplicity of proceedings and to determine the real controversy between the parties. The court also noted that no prejudice would be caused to the husband as he would have an opportunity to rebut the new facts. The impugned order was set aside, and the amendment application was allowed.
Headnote
A) Civil Procedure - Amendment of Pleadings - Order 6 Rule 17 CPC - Pre-trial Stage - The Family Court rejected the wife's application for amendment of written statement on the ground that the trial had commenced, but the High Court held that since the husband's evidence was not yet complete and the wife's cross-examination was ongoing, the trial had not actually commenced; amendment should be liberally allowed to avoid multiplicity of proceedings and to determine the real controversy between parties (Paras 6-9).
Issue of Consideration
Whether the Family Court erred in rejecting the wife's application for amendment of written statement under Order 6 Rule 17 CPC when the trial had not yet commenced and no prejudice would be caused to the husband.
Final Decision
The High Court allowed the writ petition, set aside the impugned order dated 15/02/2017, and allowed the amendment application filed by the petitioner-wife under Order 6 Rule 17 CPC.
Law Points
- Amendment of pleadings
- Order 6 Rule 17 CPC
- Pre-trial stage
- Liberal approach
- No prejudice to opposite party
