When court should permit amendment in petition under Domestic violence Act?
In the reply, the respondent has not specifically denied
the averments of the petitioner that she is having some share in the
landed properties. It has also not been denied by the respondent that
because of her having shares in the landed properties there is a
possibility of earning of some income therefrom by her. Even the
documents placed on record which documents, as stated by learned
Counsel for the petitioner, are the true copies of the documents filed
on record before the lower Court, support the contentions of the
petitioner. These documents do not at all show at this stage, that the
name of the respondent has been deleted by way of mutation
sanctioned by the competent authority under the provisions of the
Land Revenue Code. With such facts there being present on record,
it is quite surprising to note that the learned Magistrate has recorded
a finding that the name of the respondent has been deleted from the
7/12 extracts pertaining to some of the agricultural lands. This
finding is prima facie against the material present on record and
also amounts to entering into the merits of the case, which is not
permissible at the stage of consideration of an amendment
application. Besides, there has been no denial on the part of the
respondent about the said contentions of the petitioner. Therefore,
the order impugned herein is perverse and arbitrary and as such
cannot be sustained in law.
As regards the contention that allowing of amendment
application would cause delay to the proceedings, I must say that
there is no substance in the same, as by arbitrary rejection of the
amendment application, the matter has been already unnecessarily
delayed. If the respondent had given her no objection to the
application, this situation would not have arisen. That apart, what
is illegal and arbitrary in law cannot be allowed to be continued on
the excuse of delay in proceedings.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
Criminal Writ Petition No.926 of 2014.
Surendra Ramdas Mahure,
Vs
Sau. Anita Surendra Mahure,
Coram : S.B. Shukre, J.
Dated : 08 January, 2015.
Citation; 2015 ALLMR(CRI)2124
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