MEHUL SHANTILAL KAPADIA Vs. ZANKAR MEHUL KAPADIA

JUDGEMENT

(1.) BY way of this petition, the petitioner has challenged the judgment and order dated 15.04.2010 passed by the learned Principal Judge, Family Court No.1, Ahmedabad in Family Suit No.212/2008 wherein the petition under Order 6, Rule 17 read with Section 151 of the Civil Procedure Code seeking amendment to add certain facts and alternative relief to declare the marriage of the petitioner as null and void was rejected by the learned Judge.

(2.) THE facts giving rise to this petition are as under :- It is the case of the petitioner that he married the respondent and a daughter was born out of the wedlock, but the relations between the two parties were strained from the start. It is the case of the petitioner that in July 2007, he noticed that there was an abnormal hike in the mobile phone bills of the respondent and that a lot of outgoing calls and messages were being made to especially 2-3 mobile numbers and it was later found out that the respondent was previously married to a certain Mr. Kartik Adhvaryu, the fact which was never disclosed to the petitioner.

(3.) MS. Megha Jani, learned Counsel for the petitioner has submitted that the amendment application was necessary in view of the fact that the certain facts of non-decree of divorce has come to the knowledge of the petitioner and also because a written statement is filed by the respondent.