SURAJ KUMAR MISHRA Vs. MEGHA SADANAND JHA

JUDGEMENT

(1.) This Petition has been preferred assailing the legality and validity of the order dtd. 26/6/2024 passed by the 2nd Additional Principal Judge, Family Court, Raipur in Case No.496/23 whereby, the application for amendment filed under Order 6 Rule 17 CPC prior to filing of the written statement, has been dismissed.

(2.) Brief facts of the case are that the Petitioner/husband has filed a divorce Petition under Sec. 13(1) of the Hindu Marriage Act, 1955 for dissolution of marriage and the subject application was filed to elaborate the relations, different instances as also the conduct of the parties. Though written statement of the Respondent/wife has not been filed till so far, but the trial Coourt has dismissed the said application by way of the order impugned. Hence this Petition.

(3.) Learned Counsel for the Petitioner submits that the trial Court has erred in rejecting the proposed amendment application. He placed reliance on Life Insurance Corporation of India vs. Sanjeev Builders Private Limited and another reported in 2022 SCC OnLine Supreme Court 1128, Rajesh Kumar Aggarwal & Ors. vs. KK Modi & Ors. reported in (2006) 4 SCC 385 and Jaspreet Kaur vs. Lovepreet Singh Dhiman reported in 2017 SCC OnLine P&H 2846 and prays to allow the Petition while setting aside the order impugned.