If Relief Not Claimed in Pleadings – Cannot be Granted : SC

07 May 2024 8:19 AM

By: Admin

D.D:28-07-2022

Recently, the Supreme Court ruled that a relief for which no petition or prayer has been made should not be granted.

According to the Bench of Dinesh Maheshwari and Krishna Murari:

It is a fact that they never sought relief for the change of the child's surname to that of the first husband/son of respondents. It is well-established that relief not found in the pleadings cannot be granted. A miscarriage of justice would result if a court considered or granted a relief for which no prayer or pleading was made, depriving the respondent of an opportunity to oppose or resist such relief.

The court made this observation while overturning an Andhra Pradesh High Court ruling requiring a mother to change her child's surname and list her new husband as the stepfather.

In the Supreme Court appeal, the primary issue was whether the High Court had the authority to order the appellant to change the surname of her child, despite the fact that the respondent had not sought such relief in the lower court.

The Supreme Court noted at the outset that it is well-settled that if no reliefs are sought in the pleadings, they cannot be granted, and if a court considers or grants a relief for which no pleading or prayer was made, depriving the respondent of the opportunity to oppose it, it would result in a miscarriage of justice.

According to the bench, the High Court went beyond the pleadings by ordering the child's surname change, so it vacated the challenged order and partially granted the appeal.

The court reaffirmed that the mother, as the child's natural guardian, has the right to choose the child's surname and the right to place the child for adoption.

Akella Lalita

versus

Sri Konda Hanumantha Rao