NITIKA TALWAR Vs. DINESH TALWAR

JUDGEMENT

(1.) This petition has been filed challenging the order dtd. 8/8/2023 (hereinafter referred to as 'Impugned Order') passed by the learned Judge, Family Court-01, West District, Tis Hazari Courts, Delhi (hereinafter referred to as the 'Family Court') in HMA No. 437/2021, titled Dinesh Talwar v. Nitika Talwar (hereinafter referred to as the 'Divorce Petition'), allowing the application filed by the respondent herein, who is the petitioner in the Divorce Petition under Order I Rule 10 of the Code of Civil Procedure, 1908 (in short, 'CPC'), impleading one Mr.Ritesh Rai as the respondent no.2 in the Divorce Petition, and granting liberty to the respondent herein to amend the Divorce Petition, if he so desires.

(2.) The grievance of the petitioner against the Impugned Order is that in the Divorce Petition, as it stands today, there is no averment of adultery made by the respondent against the petitioner. The learned counsel for the petitioner submits that, in the absence of any such allegation/averment, the impleadment of Mr.Ritesh Rai as the respondent no.2 was not warranted. She further submits that the learned Family Court has granted an ambiguous and open-ended liberty to the respondent herein to amend his Divorce Petition. She submits that such liberty in ambiguous terms could not have been granted.

(3.) On the other hand, the learned counsel for the respondent submits that the allegations of adultery have been made in the application filed under Order I Rule 10 of the CPC.