Case Note & Summary
The petitioner, Vinod George, filed a writ petition challenging the order dated 12 September 2018 passed by the learned Family Court, which rejected his application for amendment of his written statement in a child custody proceeding. The petitioner sought to incorporate additional facts and grounds regarding the permanent custody of his minor son, which he claimed came to his knowledge only after he obtained custody of the child in May 2018. The respondent, Nita Vinod George, opposed the amendment, arguing that the petitioner had made a similar attempt earlier which was rejected, and that the application was filed after evidence was closed on 6 July 2017, with no explanation for the delay. The High Court, after hearing both sides, observed that the amendment was related to the permanent custody of the child and did not change the fundamental character of the written statement. The court noted that the Family Court had failed to exercise its jurisdiction vested in it by refusing the amendment. The High Court set aside the impugned order and allowed the amendment, subject to the petitioner paying costs of Rs. 5,000 to the respondent. The court directed that the amendment be carried out within two weeks and that the respondent be given an opportunity to file an additional written statement. The petition was disposed of accordingly.
Headnote
A) Family Law - Amendment of Written Statement - Child Custody - Delay - The Family Court rejected the husband's application to amend his written statement in a child custody proceeding, filed after evidence was closed, on grounds of inordinate delay and lack of explanation. The High Court held that the Family Court failed to exercise its jurisdiction vested in it by refusing the amendment, as the amendment was related to permanent custody of the child and did not change the fundamental character of the written statement. The High Court set aside the impugned order and allowed the amendment, subject to costs of Rs. 5,000 payable to the wife. (Paras 2-8)
Issue of Consideration
Whether the Family Court erred in rejecting the husband's application for amendment of written statement in a child custody proceeding, filed after evidence was closed, on grounds of delay and lack of explanation.
Final Decision
The High Court set aside the impugned order dated 12 September 2018 and allowed the amendment application subject to payment of costs of Rs. 5,000 to the respondent. The amendment to be carried out within two weeks and respondent to be given opportunity to file additional written statement.
Law Points
- Amendment of pleadings
- Child custody
- Delay in filing amendment
- Prejudice to opposite party
- Liberal approach in family matters
