VidhiSangh

Supreme Court of India · 07/10/2021

NITABEN DINESH PATEL versus DINESH DAHYABHAI PATEL

[2021] 8 S.C.R. 618 · 2021 INSC 629

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court permitted a wife to amend her defence in the husband’s divorce petition to plead his subsequently disclosed second marriage. On the accepted facts, she learned of the marriage during cross-examination and promptly sought amendment, satisfying the exception to the post-trial amendment restriction. It nevertheless refused her proposed counterclaim for declarations concerning the husband’s marriage to another woman and the status of their child: Section 23A permits matrimonial relief under the Hindu Marriage Act between the spouses, not those third-party declarations. Independent remedies remained open.

Issues

  1. Whether the written statement could be amended after commencement of trial to plead the husband’s subsequently disclosed marriage.
  2. Whether the proposed counterclaim could be rejected merely because the wife had already delivered her defence.
  3. Whether Section 23A permitted declarations concerning a marriage with a third party and the child of that relationship.

Provisions considered

Held

Result

Appeals partly allowed. Family Court order restored, permitting the factual amendments but refusing the proposed third-party declaratory counterclaim; independent remedies reserved. No costs.

Judgment PDF: Supreme Court of India, [2021] 8 S.C.R. 618.