Permissibility of Amending Pleadings in Second Appeal to Introduce New Grounds for Divorce
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Case: SANYOG GANESH NARVEKAR., v. ANJALI SANYOG NARVEKAR.,
Court: Bombay High Court
Date: 23-07-2026
Law: Code of Civil Procedure, Divorce Act, Family Courts Act, Goa Daman and Diu (Extension of the Code of Civil Procedure and the Arbitration Act) Act.
Highlights of the Judgment:
- Examination of the maintainability of an application to amend pleadings under Order VI Rule 17 during a Second Appeal.
- Analysis of the court's restricted jurisdiction under Section 100 of the Code of Civil Procedure, 1908, regarding new factual disputes.
- Interpretation of Article 4(8) of the Law of Divorce in Family Laws of Goa concerning de facto separation and free consent.
- Discussion on the doctrine of "subsequent events" and its limitations when introducing independent statutory grounds at the appellate stage.
- Distinction between plenary jurisdiction in First Appeals and limited jurisdiction in Second Appeals for incorporating matured causes of action.
- Judicial commentary on avoiding the conversion of an appellate forum into a court of first instance for fresh evidentiary inquiries.