Rita Dinesh Kumar Jain v. Dinesh Kumar Ratanchand Jain

cam312 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.312 OF 2015 IN FAMILY COURT APPEAL NO.5 OF 2013 Smt.Rita Dinesh Kumar ...Applicant vs.

Dinesh Kumar Ratanchand Jain

...Respondent

Ms Rekha Shinde i/b Legal Chartered for the applicant Ms Pratibha Shelke i/b Mr.P.J.Thorat for the respondent CORAM : A.S.OKA, & A.A.SAYED, JJ.

DATE : JUNE 8, 2016 P.C.:

This is an application for amendment of the FCA by the appellant-wife. We have perused the text of the proposed amendment. By proposed amendment, the appellant/applicant wants to incorporate various factual aspects in the Memorandum of Appeal. The Memorandum of Appeal should contain only the grounds of challenge and not the factual averments on merits. If the applicant wants to bring on record any factual aspects, for that purpose, there are different provisions under the Code of Civil Procedure,1908. Therefore, we decline to grant amendment.

Subject to what is observed above, Civil Application is rejected.

(A.A.SAYED,J.) (A.S.OKA,J.)