SANDHYA SHEKHAR ZANJARE v. SHEKHAR SURESH ZANJARE
Discusses amendment of pleadings, due diligence, and commencement of trial, applicable across civil litigation.
Court: Bombay High Court
Citation: 2025:BHC-AS:23393
Decision Date: 09-06-2025
List of Laws
Code of Civil Procedure, 1908; Hindu Marriage Act, 1955; Protection of Women from Domestic Violence Act, 2005; General Principles of Law
- Code of Civil Procedure, 1908: The judgment extensively discusses Order VI Rule 17 of the CPC, concerning the amendment of pleadings. It highlights the proviso to Rule 17, stating that no application for amendment shall be allowed after the trial has commenced unless the court concludes that the party could not have raised the matter before the trial despite due diligence. The judgment emphasizes that the Family Court erred in allowing the amendment without considering this proviso and without any observation on the due diligence required. It refers to the Supreme Court's judgment in Revajeetu Builders and Developers V/s. Narayanaswamy and Sons and Ors., which outlines factors to consider while granting or refusing amendments. It also cites Rajkumar Gurawara V/s. S.K. Sarwagi and Company Private Limited & Anr. to explain the object behind the proviso to Order VI Rule 17. The judgment further refers to Chander Kanta Bansal V/s Rajinder Singh Anand for the interpretation of "due diligence".
- Hindu Marriage Act, 1955: The judgment mentions Section 13(1)(i-a)(i-b) of the Hindu Marriage Act, under which the Respondent husband initially filed a petition for divorce. The Respondent later sought to amend the plaint to include a prayer for a declaration that the marriage was null and void, based on the Petitioner's prior marriage without obtaining a divorce.
- Protection of Women from Domestic Violence Act, 2005: The judgment mentions that the Respondent husband allegedly became aware of the Petitioner's previous marriage only after proceedings were filed by the Petitioner under the Protection of Women from Domestic Violence Act, 2005.
- General Principles of Law: The judgment discusses the principle that trial commences from the date of filing of affidavit in lieu of evidence. It also discusses the concept of "due diligence" and its importance when seeking amendment of pleadings after the commencement of trial. The judgment emphasizes that a liberal approach is generally adopted by courts while granting amendment to the pleadings, but the proviso to Order VI Rule 17 CPC makes an exception to this rule.
🔒 For Members Only