SMT. KRISHNA THAPLIYAL Vs. ACHLA NAND CHANDOLA

JUDGEMENT

(1.) By means of present writ petition, the petitioner seeks writ in the nature of certiorari quashing the order dated 29.03.2016, passed by Principal Judge, Family Court, Dehradun in O.S. no. 43 of 2015, Achla Nand Chandola vs Smt. Krishna Chandola, whereby the amendment application Paper no. 33A filed by petitioner under Order 6 Rule 17 read with Section 151 CPC, seeking amendment in her written statement, was dismissed.

(2.) A suit under Section 9 of the Hindu Marriage Act was filed by the plaintiff (respondent herein) against defendant (petitioner herein) in the court of Principal Judge, Family Court, Dehradun. It is the submission of learned counsel for the petitioner that trial has not commenced. Learned counsel for the respondent, on the other hand, submitted that trial has commenced, inasmuch as the issues were framed and examination -in -chief in the form of affidavit has been filed. This Court was taken through the amendments sought to be incorporated by the defendant (petitioner) in her written statement. This Court is of the opinion that if those amendments are permitted to be incorporated in the written statement, the same will not change the nature of the suit.

(3.) A perusal of application under Order 6 Rule 17 CPC read with Section 151 CPC will indicate that, by way of amendment, the defendant/petitioner wanted to plead that the suit under Section 9 of the Hindu Marriage Act was not maintainable before the court seized with the matter. By way of amendment, the defendant/petitioner also wanted to plead that Family Court has no jurisdiction to try the suit. By incorporating certain other paragraphs in the written statement, the defendant wanted to plead the facts of intimidation etc. by the plaintiff/respondent, as also denial of claim.