Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 6719 of 2019 Petitioner :- Smt. Nahid Fatama Respondent :- Shamshad Ahmad Counsel for Petitioner :- Bhaju Ram Prasad Sharma,Mool Chandra
Hon'ble Manoj Kumar Gupta,J.
The instant petition is directed against the order dated 3.8.2019, by which the Principal Judge, Family Court, Kaushambi has allowed the amendment application filed by the plaintiff-respondent in Case No.4/70/2017 under Sections 7 and 25 of the Guardians and Wards Act, 1890. The amendment was sought on the ground that by inadvertence, the petition originally presented was not in prescribed format, therefore the amendment be allowed so as to incorporate the plaint case in the prescribed format. It is noteworthy that the court itself had directed the respondent on 28.5.2018 to file petition in proper format. The trial court has allowed the application upon payment of cost of Rs.500/- to the petitioner.
Counsel for the petitioner submitted that as a result of amendment sought, the entire petition is sought to be changed. He further submits that even after the amendment has been allowed, the petition is not in proper format and various legal requirements have not been complied with.
In the petition, as originally presented, the prayer made by the plaintiff- respondent is for handing over custody of two minor children of the parties to him being the natural guardian. After the amendment, the prayer remains the same. The only difference is that now the petition is in prescribed format whereas earlier it was drafted as an ordinary plaint.
Undoubtedly, even fresh petition at the instance of the respondent, if filed now in proper format would be maintainable. Thus, as a result of amendment being allowed, the court below has rightly avoided multiplicity of proceedings. As regards the submission that even after amendment, the petition is not in proper format, the said plea can be raised by the petitioner in his written statement to be filed in response to the amended petition.
Having regard to the entire facts and the circumstances, no good ground is made out to interfere with the impugned order.
The petition is accordingly dismissed.
(Manoj Kumar Gupta, J.) Order Date :- 27.9.2019 skv