Case name and Citation
Nitaben Dinesh Patel vs Dinesh Dahyabhai Patel
Citation: LL 2021 SC 570
- In Nitaben Dinesh Patel vs Dinesh Dahyabhai Patel, it was held that amendment can be made to the written statement if facts are brought to light even after the commencement of the trial.
- No alternative relief can be sought by the parties in divorce proceedings other than the ones mentioned in the Hindu Marriage Act.
- If a party wishes to seek relief against third party, then they may initiate independent judgement and/or file a substantive suit.
- In the present case, the Husband (respondent) filed for dissolution of the marriage.
- During cross-examinations the Wife (appellant) found out that they their existed a subsequent marriage between the respondent and a third party and a child was born out of the wedlock.
- The appellant on knowing about this, asked to amendment in her written statements among other things for the court to declare that:
- The respondent has committed adultery
- Declare his subsequent marriage void
- Declare the child born out of wedlock as illegitimate.
- The family court allowed the appellant to amend the statement to include that the respondent had a second marriage.
- The High Court dismissed the plea stating that after the commencement of trial procedure and filing of the written statements, the statement cannot be amended.
- The Supreme Court Bench on observation of the facts concluded while explaining Order VI Rule 17 CPC that if a situation exists such that the parties could not have brought up certain facts before the commencement of the trial then amendments shall be permitted to the written statements.
- The Bench also observed that the appellant can initiate independent proceeding and/or file a substantive suit in she wishes to seek relief on the matter.
- The Bench with respect to the amended pleas held that no relief can be claimed against any third party in divorce proceedings. Reliefs can be sought only by ways mentioned in the Hindu Marriage Act.
- What are your views on the Judgment?
- Should an amendment to the written statement be allowed?
Share your views in the comments section below.