Smt. Rashmi vs Vishal
2023 Latest Caselaw 5489 MP

                                                              1
                            IN      THE      HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                       BEFORE
                                           HON'BLE SHRI JUSTICE VIVEK RUSIA
                                                  ON THE 3 rd OF APRIL, 2023
                                               MISC. PETITION No. 1942 of 2023

                           BETWEEN:-
                           SMT. RASHMI W/O VISHAL BORKHADIYA, AGED
                           ABOUT 37 YEARS, OCCUPATION: HOUSEWIFE R/O H.NO.
                           27/1 KAVERI NAGAR INDORE (MADHYA PRADESH)

                                                                                           .....PETITIONER
                           (BY SHRI TULSI RAM RAGHUWANSHI-ADVOCATE).

                           AND
                           VISHAL S/O GAJADHAR BORKHADIYA, AGED ABOUT 31
                           YEARS, OCCUPATION: HOSPITAL OWNER AND DOCTOR
                           R/O 109-A NAGIN NAGAR AERODRUM ROAD INDORE
                           (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
                           (NONE)

                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                               ORDER

The petitioner has filed this petition under Article 227 of Constitution of India against the order dated 13.03.2023 whereby the learned Family Court, Indore has dismissed the application filed under Order 6 Rule 17 of C.P.C.

Respondent filed a petition under the provisions of Hindu Marriage Act against this petitioner. The present petitioner filed a reply stating about factum of earlier two marriages. Later on, she filed an application under Order 6 Rule 17 of CPC that the fact about second marriage with Deepak Vani in the year 2010 has wrongly been stated in written statement and hence the same may Signature Not Verified Signed by: VINDESH RAIKWAR Signing time: 03-04-2023 19:35:51

kindly be permitted to delete by way of amendment but the Family Court rejected the application by placing reliance on a Constitutional Bench judgment of Apex Court passed in case of Modi Spinning & Weaving Mills Co. Vs. Ladha Ram & Co. AIR 1977 SC 680.

It is settled law that any admission by way of pleading can not be withdrawn by way of amendment under the provisions Order 6 Rule 17 of C.P.C. Therefore, I don not find any infirmity in the impugned order, hence no interference is called for and Misc.Petition is dismissed accordingly.

Certified copy as per rules.

(VIVEK RUSIA) JUDGE Vindesh

Signature Not Verified Signed by: VINDESH RAIKWAR Signing time: 03-04-2023 19:35:51