GAURAV KHURANA SHRI SATISH KHURANA Vs. RADHIKA

JUDGEMENT

(1.) Heard Mr. Pawan Mishra, the learned Counsel for the Petitioner and Mr. Karan Anand, the learned Counsel for the Respondents.

(2.) The opposite party filed a suit for divorce under Section 13 of the Hindu Marriage Act, 1955 on the ground of cruelty. It is alleged that evidence has been led and the matter had become ripe for hearing. During the pendency of the proceedings, the Petitioner filed an application under Order 6 Rule 17 of the Code of Code of Civil Procedure for amendment of his written statement. This application was rejected by the Court below by an order dated 6.4.2010, against which, the present writ petition has been filed.

(3.) The learned Counsel for the Petitioner submitted that the amendment sought was only clarificatory in nature which requires no further evidence and, that in the matter of divorce proceedings, the Petitioner may be permitted to plead all such questions which arises for adjudication. On the other hand, the learned Counsel for the opposite party has vehemently opposed the application contending that the entire purpose is to frustrate the divorce proceedings and prolong the litigation.