PREETI Vs. SANDEEP ASTHANA

JUDGEMENT

(1.) The judgment and order dated 2 August 2017 passed by the Principal Judge, Family Court, Allahabad in Matrimonial Case No. 812 of 2013, (Sandeep Asthana v. Smt. Preeti), under section 9 of the Hindu Marriage Act 1956 (The Act) has been assailed in this First Appeal, whereby an amendment application moved under Order 6, Rule 17 read-with section 151 of the Code of Civil Procedure 1908 (CPC) has been allowed permitting the case to be treated to have been filed under section 13 of the Act.

(2.) The short point that has arisen for consideration in this appeal is whether a case filed under section 9 of the Act for restitution of conjugal rights by a party can be permitted to be converted to one having been filed under section 13 of the Act by allowing the amendment application moved under Order 6, Rule 17 CPC.

(3.) For adjudicating on the aforesaid point, it would be germane to refer to the facts of the case in brief which are as follows.