https://www.taxtmi.com/caselaws?id=193722 A matrimonial petition was not to be dismissed merely because it was filed under the wrong enactment where the marriage had been solemnised under the Special Marriage Act and the court was otherwise competent to entertain the cause. The error was treated as a curable drafting defect, not a lack of inherent jurisdiction, especially where the substantive ground pleaded was cruelty and the matter had substantially progressed. The court also held that amendment of pleadings must be sought by a party under the Civil Procedure Code; a trial court cannot ordinarily direct amendment suo motu. The order was therefore disturbed only to set aside the unilateral direction for amendment, while allowing the defect to be corrected in accordance with law. en-us Thu, 28 May 2015 00:00:00 +0530 Thu, 17 Aug 2017 08:40:19 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=193722 A matrimonial petition was not to be dismissed merely because it was filed under the wrong enactment where the marriage had been solemnised under the Special Marriage Act and the court was otherwise competent to entertain the cause. The error was treated as a curable drafting defect, not a lack of inherent jurisdiction, especially where the substantive ground pleaded was cruelty and the matter had substantially progressed. The court also held that amendment of pleadings must be sought by a party under the Civil Procedure Code; a trial court cannot ordinarily direct amendment suo motu. The order was therefore disturbed only to set aside the unilateral direction for amendment, while allowing the defect to be corrected in accordance with law. Case-Laws Indian Laws Thu, 28 May 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=193722