ANILKUMAR Vs. TREESA

JUDGEMENT

(1.) The petitioners herein are the respondents in I.A.No.313/2018 in O.P.No.314/2013 on the files of the Family Court,Chavara. The O.P was originally filed by the respondent herein before the Family Court Kollam as O.P.No.201/2011 and after the formation of the Family Court, Chavara and the same was transferred and renumbered as above. The prayer in the above O.P was for return of 160 sovereigns of gold ornaments worth Rs.24 lakhs and an amount of Rs.9 lakhs allegedly due from the petitioners.

(2.) The case of the respondent in the O.P was that the marriage between the 1st petitioner and the respondent was solemnised on 27.02.1995 as per the rites and rituals prevalent among the Latin Catholic Community at St.Thomas Moore Latin Catholic Church, Palluruthy, Ernakulam. A male child was born in the wedlock on 23.11.1996. The relationship between the respondent and the 1st petitioner became strained and they had been living separately since 18.04.2006. Exhibit P1 is the copy of the O.P.No. 314/2013 filed by the respondent herein. The petitioners have filed a detailed counter affidavit denying on the facts as stated in Ext.P1. When the O.P was ripe for trial, the respondent has filed an application as I.A.No.313/2018 to amend the O.P incorporating additional averments and prayers. In the above amendment application, the respondent has prayed for carrying exhaustive amendments of the entire petition and enhanced the total claim to the tune of Rs.60,53,150/- by adding the money recoverable from the 1st petitioner as Rs.35,53,150/- as against the claim of Rs.9 lakhs. True copy of the affidavit and petition for amendment dated 14.02.2018 is produced as Ext.P2.

(3.) The petitioners herein had objected to the above amendment pointing out the fact that the amendment sought for is intended only to protract the proceedings and thereby to harass the petitioners. Further the petition is highly belated and that if the amendment is permitted, it would alter the very nature of the O.P. Many of the claims as mentioned in the amendment application are barred by limitation and therefore it is not legally permissible to incorporate such claims by way of amendment. The true copy of the objection filed by the 1st petitioner dated 20.04.2018 is produced as Ext.P3.