1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR. WRIT PETITION No. 195 OF 2009 Sarita Parveen Dehankar ....vrs... Praveen Madhukar Dehankar - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - -------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's Orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - ---------------- - - - - - - - - - - - - - - - - - - - CORAM : Smt. VASANTI A. NAIK, J. DATE : 24 th APRIL, 2009 By this petition, the petitioner impugns the order passed by the Family Court, Nagpur on 25.07.2008, rejecting an application filed by the petitioner for filing counter claim. I have heard the learned Counsel for the parties and have perused the impugned order dated 25.07.2008. It appears that the respondent had filed Hindu Marriage Petition in the year 2004, for grant of decree of divorce. Written Statement was filed by the petitioner on 16.11.2005. When the respondent was examined, the petitioner filed an application for grant of permission to amend the Written Statement so as to include the counter claim on 21.04.2008. The Trial Court found that it was not just and in the interest of justice to allow the 2 application filed by the petitioner at that stage of proceeding as the respondent was already cross examined by the petitioner and granting of the relief sought by the petitioner at that stage would reopen the matter which was at the fag end of the trial. According to the Trial Court the counter claim was as good as a fresh suit and the petitioner had filed the application merely with a view to protract the proceedings which were pending between the parties before the Family Court. The trial Court also held that the counter claim was sought to be filed at the fag end of the trial and the application filed by the petitioner was liable to be dismissed. The Family Court was justified in rejecting the application filed by the petitioner for grant of permission to amend the written statement, so as to include the counter claim. The order does not suffer from any jurisdictional error so as to interfere with the same in exercise of the extra ordinary writ jurisdiction. The Writ Petition fails and is dismissed with no order as to costs. JUDGE Rgd