GYAN PRAKASH Vs. DISTRICT JUDGE DEORIA

JUDGEMENT

(1.) S. U. Khan, J. Heard learned Counsel for the parties.

(2.) PETITIONER-husband has instituted a suit against wife- respondent No. 3, Smt. Sarita Devi and four others, which has been registered as original Suit No. 301 of 1995 on the file of Civil Judge, Senior Division, Deoria. Initially, the suit was for restitution of conjugal rights. Thereafter, an application for amendment of the plaint was filed by the plaintiff-petitioner on 27-3-1998, copy of which is Annexure-8 to the writ petition. Paragraphs No. 7-A and 10-A sought to be added in the plaint through the said amendment application stated that since 1-10- 1995 till the date of filing of the said amendment application, the wife-defendant No. 1 had withdrawn herself from the society of the plaintiff-husband. In Paragraph 7-B proposed to be added in the plaint, it was stated that the wife-defendant No. 1 in her written statement levelled false, scandalous and frivolous allegations against the plaintiff and plaintiff's father, brother and sister, which amounted to mental cruelty and in view of that, it was impossible to continue the relationship of husband and wife between the plaintiff and defendant No. 1. In the prayer clause, it was sought to be added that in the alternative decree for divorce be passed. The said amendment application was allowed on 16-9-1998.

(3.) THE main reason given by the Courts below for rejecting the second amendment application is that as in the original plaint only relief of restitution of conjugal rights was prayed, hence that relief could not altogether be given up by the plaintiff and if such prayer is accepted, then altogether new plaint will come into existence, which will not have any relation with the original plaint.