ABHISHEK SINGH Vs. SHASHI SINGH

JUDGEMENT

(1.) Heard Sri Janardan Singh, learned counsel for the appellant and Sri Manoj Kumar Tiwari, Advocate, holding brief of Sri Anurag Upadhyay, learned counsel for the respondent.

(2.) Present appeal has been filed under Sec. 19 of the Family Courts Act, 1984 arising from the order dtd. 1/8/2023 passed by the Additional Principal Judge, Family Court No. 1, Mau in Case No. 203 of 2019 (Shashi Vs. Abhishek). By that order, the learned court below has rejected the application being Paper No. 34-Ga(2) filed by the present appellant seeking amendment in the written statement.

(3.) Learned counsel for the appellant states, the amendment sought to the written statement to introduce paragraph no. 12-A was necessary. According to him, the case set up by the respondent is contrary to the provisions of Sec. 27 of the Hindu Marriage Act, 1955. That plea has remained from being raised in the written statement. Thus, it is in the interest of justice that such amendment be allowed. Also, it has been urged that irreparable injury would be caused to the appellant if such amendment is not allowed. In that regard, he has relied on a decision of the Supreme Court in Life Insurance Corporation of India Vs. Sanjeev Builders Pvt. Ltd. & Anr., 2022 7 SCC 136.