Allahabad High Court
Jagdeevendra Singh @ Kannhaiya vs Km. Ankita Devi on 1 March, 2023
Author: Salil Kumar Rai
Bench: Salil Kumar Rai
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 45 Case :- FIRST APPEAL No. - 649 of 2021 Appellant :- Jagdeevendra Singh @ Kannhaiya Respondent :- Km. Ankita Devi Counsel for Appellant :- Vijay Singh Gour,Tinku Singh Counsel for Respondent :- Mata Achal Mishra Hon'ble Salil Kumar Rai,J.
Hon'ble Arun Kumar Singh Deshwal,J.
Present appeal has been filed challenging the order dated 22.02.2021 passed by Family Court allowing the amendment application in Case No.272 of 2018. The amendment application, filed by the respondent, who is the wife of the present appellant, was to the effect that in the plaint instituting the case, it has been wrongly shown that the case has been filed under Section 12 of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act'), even though, the case should have been filed under Section 11 of the Act, and therefore, an amendment was prayed to change the recital at the top of the plaint regarding the provision under which the case was being instituted. The Family Court has allowed the amendment application on the ground that the amendment does not affect the merits of the case and was therefore to be allowed.
In the present appeal, learned counsel for the appellant/defendant argue that on the pleadings of the parties, the case was to be registered under Section 12 of the Act and not under Section 11 of the Act, and therefore, the amendment has been wrongly allowed.
The order does not affect the proceedings in the case. The judgement of the Court is dependent on the pleadings of the parties, the evidence filed by them and the relief prayed and is not dependent on the recital regarding the provisions of law referred at the top of the plaint instituting the case. Further, there is no error in the opinion of the trial court that the merits of the case are not to be considered while deciding the amendment application.
Accordingly, the appeal is dismissed.
The lower court record shall be remitted back to the trial court at the earliest and, in any case, by 20.03.2023. As the proceedings were instituted in 2018 and relates to validity of the marriage of the parties, the Family Court is directed to expeditiously decide the aforesaid case, preferably within a period of one year from the date lower court records are received by the Family Court.
Order Date :- 1.3.2023 S.Chaurasia