Plea before Bombay HC seeking setting aside of an application for restitution of conjugal rights amended into a plea of divorce.

Case: Ariz Kohli vs Tehzeeb Kohli

Recently, the Bombay High Court set aside a family court's order wherein the family court allowed an application for restitution of conjugal rights to be amended into a plea of divorce.

Justice Bharati Dangre held that preventing multiplicity of litigation cannot be an explanation to allow amendment applications to completely change the final relief. The courts should discourage these dishonest or worthless amendments. 

Background

In 2018, the wife moved an application for restitution of conjugal rights. In 2020, she sought to amend the application by replacing it with the prayer for divorce. The family court allowed the amendment, which was challenged by the husband before the Bombay High Court.

Arguments

Advocate Malcolm Siganporia appearing for the husband stated that the provisions of the Civil Procedure Code (CPC) apply to the family court and, hence, the parameters of CPC that are usually applicable to civil proceedings would be applicable to the Family Court.

Senior Advocate Rafique Dada, appearing for the wife, contended that every court should try to avoid a multiplicity of litigations. Moreover, delicate matrimonial matters must be dealt with a liberal hand.

Held

The HC noted that the relief sought by the wife by way of an amendment was conflicting with the original reliefs. The HC said the family court miserably failed to consider the provisions, the HC allowed the writ petition and set aside the family court order.