RAMESHWARI VERMA Vs. PRADEEP KUMAR VERMA

JUDGEMENT

(1.) This Petition has been filed challenging the order dtd. 21/10/2022 passed by the 2nd Additional Principal Judge, Family Court, Raipur in case No.426/2018 whereby, the application filed by the Petitioner/wife under Order 6 Rule 17 CPC seeking amendment in the written statement filed by her regarding subsequent developments which occurred during the pendency of the divorce Petition filed by the Respondent/husband, has been dismissed.

(2.) Shri Prasad, learned Counsel for the Petitioner submits that during the pendency of the divorce Petition filed by the Respondent/husband, both the parties have entered into a compromise and also decided to live together and the Respondent/husband took away his wife with him and they both started residing together in his house from 10/2/2020 till 2/8/2022. He further submits that before commencement of the cross-examination of the Plaintiff and during preparation for recording of the evidence, it has been revealed that material pleadings have not been brought on record, therefore, an application for amendment in the written statement has been moved for bringing the subsequent developments which took place during the pendency of the suit, which is necessary to resolve the controversy, but the same has been rejected in an arbitrary manner by the Court below, therefore, the impugned order may be quashed.

(3.) Heard learned Counsel for the parties and perused the documents annexed with the Petition.