NAYEE RAKESHKUMAR NATVARLAL Vs. NA

JUDGEMENT

(1.) Heard learned Advocate Mr.Himanshu Suthar on behalf of the petitioners, who by way of this petition challenge an order dtd. 20/9/2022 passed by the learned Family Court, Ahmedabad, whereby an application preferred by the present petitioners below Exh.12 for amendment has been rejected.

(2.) Considering the submissions made by the learned Advocate Mr.Suthar and having regard to the documents on record, more particularly perusing the memo of the Family Suit, it appears that the petitioner No.1 was being represented through his Power-of-Attorney and whereas in the title of the Family Suit, instead of the term 'through Power-of- Attorney', it was mentioned as 'of Power-of-Attorney'. Vide the application Exh.12, the applicants had sought for correction from 'of Power-of-Attorney' to 'through Power-of-Attorney'. It also appears that the said application could have been placed in a better manner and whereas, in the considered opinion of this Court, whatsoever may be the manner of the application, a prima facie perusal of the application coupled with the title of the Family Suit would have clearly revealed the intent of the applicants and whereas if the intent had been looked into, probably there may not have been a requirement for filing of the present petition.

(3.) Be that as it may, since a correction, more particularly an apparent error is sought to be corrected and since the application preferred before the learned Family Court was for divorce by mutual consent and since there are no opponents to the present petition, this Court deems it appropriate to allow the present petition at this stage and direct the learned Family Court where Family Suit No.1537 of 2022 is listed, to permit appropriate correction/amendment as requested i.e. instead of the words 'of Power-of-Attorney', the same can be substituted with 'through Power-of-Attorney'.