-Report by Nishtha Tiwari

In the case of Ariz Kohli v. Tehzeeb Kohli, Tehzeeb Kohli filed an application in the year 2018 for restitution of Conjugal rights. After two years she amended the application and filed it for divorce which stated that marriage could not be saved and her husband’s conduct revealed that restitution cannot take place. This application was allowed by Bandra Family Court but was then challenged by the husband in the High court.

Respondent’s Advocate Malcolm Siganporia stated, that for all purposes provisions of the CPC will be applicable and for Family Court also, provisions of Civil Procedure Court would be equally applicable.

Petitioner’s Advocate Rafique Dada stated that delicate and sensitive matrimonial matters must be dealt with liberty and with previous judgments given to the restoration of normal marriages and if cannot happen, dissolution must be
permitted.

Justice Dangre said that the relief sought by way of an amendment is conflicting with the original reliefs which can be granted by the application. The high court set aside the order passed by the family court by stating that they failed in considering the true summary of the provision permitting the grant of the amendment.