Even in the absence of amendment provisions under the CrPC, the Family Court may allow pleading amendments: Kerala High Court

Case Title : Govindarajan @ Govind v. Vidya & Anr.

Bench : V.G.ARUN JUDGE

Date : 23RD DAY OF JUNE 2023

Facts:

1. The petitioner is the respondent in MC No. 179/2018, a maintenance case filed by their wife and minor child.
2. The respondents filed an application for amendment of the pleadings in the maintenance case.
3. The petitioner challenged the order (Ext.P4) of the Family Court, which allowed the amendment.

Judgement:

1. The petitioner’s counsel argued that the Family Court acted unlawfully by granting the amendment since there is no provision for amendment in the Code of Criminal Procedure.
2. The respondents’ counsel argued that the Family Court has the power to permit amendments in the interest of justice, even in the absence of a specific provision.
3. The Supreme Court has previously held that if an amendment sought is a curable infirmity or can be corrected by a formal amendment without prejudice to the other party, the court may permit it.
4. The Kerala High Court has also emphasised that courts should not deny relief on technical grounds when it is necessary to do justice.
5. The court concluded that the Family Court has the power to allow amendments in maintenance cases to advance justice and ameliorate the sufferings of destitute wives and children.
6. The original petition was dismissed, and the petitioner was allowed to file an additional counter affidavit, if any, within two weeks of receiving a copy of the judgement.

click here to view judgement

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WRITTEN BY – ANVITHA RAO