ARVIND KUMAR RAI Vs. PUSHPA DEVI

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Sri. Loknath Shukla, holding brief of Sri. Luxmi Prasad Gupta appearing on behalf of the respondent. With their consent, this petition is being disposed of finally, without inviting a counter affidavit.

(2.) The respondent filed an application under section 25 of the Hindu Marriage Act, 1955 for grant of permanent alimony against the petitioner. The respondent is the divorced wife of the petitioner. The petition was registered as case No. 89 of 2003. The application for grant of permanent alimony was opposed by the petitioner by filing objection. In the year 2014, the petitioner moved an application seeking amendment in the objections. By impugned order dated 17.7.2015, the Principal Judge, Family Court, Ghazipur has rejected the application for amendment by holding that the application has been filed with the intent to delay the disposal of the proceedings. It has been further observed that all the pleas and contentions now sought to be raised, were available to the petitioner before the commencement of the trial and the same should have been raised earlier. It has also been held that almost all the pleas now sought to be raised, were already there in the original objection.

(3.) Learned counsel for the petitioner, at the very outset conceded that the only assertion which was not made in the original objection, is regarding the operation of the petitioner " s eye which took place on 22.6.2014. It claimed that the petitioner is suffering from Glaucoma and despite the operation, there had been no improvement in the eye sight. It is alleged that the petitioner, as a result thereof, was rendered unemployed. It is submitted that this part of the amendment, was not pleaded in the original objection, and the same deserves to be allowed.