P ARUNKUMAR Vs. I INDUMATHI

JUDGEMENT

(1.) This civil revision petition is filed challenging the order dated 30.01.2018 made in I.A.No.440 of 2017 in I.D.O.P.No.9 of 2014 on the file of the learned I Additional District Judge, Madurai.

(2.) The facts in a nutshell are as under: The petitioner/ husband filed I.D.O.P.No.9 of 2014 under Section 18 of the Divorce Act to declare the marriage between the petitioner/husband and the respondent/wife as null and void, inter alia, alleging that the respondent/wife had committed various acts of cruelty. However, the petitioner/husband failed to seek relief under Section 10(1)(x) of the Divorce Act for grant of divorce as an alternative relief and, therefore, he filed I.A.No.440 of 2017 for amendment of the prayer in order to avoid multiplicity of litigation.

(3.) The said application was resisted by the respondent/wife contending that the trial in the case has completed and when the matter is pending arguments, the petitioner/husband had filed an application seeking amendment, which in effect is a new relief of dissolution of marriage. The amendment, it is alleged, would cause great prejudice to the case of the respondent/wife.