The Allahabad High Court has said that the amendment application to convert the marriage restoration case into a divorce case in the family court will be effective from the date of acceptance. It is not correct to say that if the amendment application is approved, the amendment will be considered from the date of filing of the case. Also Section 14 of the Family Court Act prohibiting filing of divorce petition within one year of marriage will be affected.
The court said that the cancellation of the amendment application by the family court Agra is contrary to the decision of the Supreme Court. The High Court quashed the order dated 28 July 22 rejecting the revision application of the Principal Judge Family Court, Agra. Allowing the application for amendment of the case in the divorce case, the appellant has been given liberty to amend the case within three weeks. This order has been given by the division bench of Justice SP Kesarwani and Justice Rajendra Kumar while accepting the appeal of Vikalp Chaturvedi.
Filed a case in the family court Agra against his wife Shikha Chaturvedi. Both were married on 9 December 20. Filed a case on 31 August 21 and filed an application to consider it as a Section 13 divorce case, which was rejected by the family court on 28 July 22 saying that if the application is approved, the case would be considered as a divorce case from the date of admission.
Section 14 bars divorce case within one year of marriage, therefore the application cannot be allowed. The High Court said, the revision petition in the pending case will be effective from the date of acceptance and not from the date of filing of the case. Therefore section 14 will not apply in this case.
Expansion
The Allahabad High Court has said that the amendment application to convert the marriage restoration case into a divorce case in the family court will be effective from the date of acceptance. It is not correct to say that if the amendment application is approved, the amendment will be considered from the date of filing of the case. Also Section 14 of the Family Court Act prohibiting filing of divorce petition within one year of marriage will be affected.
The court said that the cancellation of the amendment application by the family court Agra is contrary to the decision of the Supreme Court. The High Court quashed the order dated 28 July 22 rejecting the revision application of the Principal Judge Family Court, Agra. Allowing the application for amendment of the case in the divorce case, the appellant has been given liberty to amend the case within three weeks. This order has been given by the division bench of Justice SP Kesarwani and Justice Rajendra Kumar while accepting the appeal of Vikalp Chaturvedi.
Ritika
