1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Writ Petition No.6501 of 2008. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. By this petition, the petitioners seek to challenge order rendered by learned Civil Judge (J.D.) Taloda, whereby amendment application of Respondent, who is original defendant in suit filed by the petitioner for recovery of maintenance allowance, was allowed. 2. Heard counsel. 3. The Respondent is father-in-law of the petitioner and alleged that she was not entitled to seek separate maintenance allowance U/s 19 of the Hindu Adoption and Maintenance Act, 1956. Section 19 incorporated in Chapter III of Hindu Adoption and Maintenance Act, 1956 deals with the rights of a widowed daughter-in-law to claim separate maintenance allowance. The amendment sought by the Respondent was rather explanatory. For, he desired to incorporate details regarding the property left by husband of the petitioner. According to the Respondent, husband of the petitioner had purchased a flat at Pune on 15.9.2001 and the same is being utilised by her to earn income. The amendment does not change the nature of the pleas raised by the Respondent (defendant). The evidence of the Respondent was not completed when the amendment application was allowed nor the amendment causes any prejudice to the petitioner inasmuch as her evidence is over. Her right to cross- examine the witnesses of the Respondent is intact. Considering these aspects, the impugned order does not suffer from any perversity, vice or arbitrariness or capriciousness. Consequently, the petition is dismissed. No costs. (V.R.KINGAONKAR,J.) Dt.25.01.2010. asp/office/wp6501.08