IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR WRIT PETITION NO.1094/2008 Vinay Sawarkar ..vs.. Smt. Anita Sawarkar =================================== CORAM : B. P. DHARMADHIKARI, J. DATE: 30.9.2008 Heard Advocate Khare for the petitioner and Advocate Sadavarte for the respondent. Family court by impugned order dated 14.1.2008 has not permitted the amendment to be effected in written statement by the respondent/ husband before it. Perusal of the proposed amendment reveals that respondent/ husband wanted to place on record various heads under which he was required to spend his salary. The amendment has been moved after his cross examination. Advocate Khare argues that Family Court has erroneously observed that it amounts to filling up of lacuna because pleadings on record are sufficient to support the evidence adduced by petitioner/ husband in chief as also in cross. Advocate Sadavarte points out that all these facts ought to have been pleaded in written statement, as filed originally. He further states that Civil Application No.4414/2008 is filed by the present respondent/ wife for claiming litigation expenses. The detail sought to be added by way amendment should have been pleaded in original written statement itself. However, this court while examining present writ petition is not required to consider whether the pleadings of husband already on record before Family Court are sufficient to support his examination in chief or cross. That issue can be gone into by Family Court while hearing the parties on merits finally. While so doing Family Court will not be influenced by its observation of attempt to fill in lacuna in impugned order. Advocate Khare states that in two matters, Division Bench of this Court already granted litigation expenses of Rs.20000/- to be paid by husband. In the present circumstances in the present matter I allow litigation expenses of Rs.1000/- only to present respondent. Thus I do not find any merit in writ petition and writ petition is dismissed. The same is subject to payment of cost of Rs.1000/- as expensesto be paid by the petitioner – husband to respondent. C.A. 4414/2008 is allowed only to that extent. JUDGE smp