(1.) Rule. Rule made returnable forthwith, the Writ Petition is taken up for final disposal with consent of the parties.
(2.) The Petitioner is challenging the Order dtd. 22/11/2023, passed by the Judge, Family Court, Below Exhibit ' 73 in Petition No. A 534 of 2014, whereby the application for amendment of plaint as provided under Order VI Rule 17 of the Code of Civil Procedure, 1908 filed by the present Respondent has been allowed.
(3.) The Petitioner is the wife of the Respondent herein. They were married on 19/2/2006. After her marriage she started residing with her husband. Because of the matrimonial discord, the Respondent husband filed a petition for divorce under Sec. 13(1)(i-a)(i-b) of the Hindu Marriage Act. The divorce proceedings were filed on 8/12/2014. The Petitioner filed her reply to the Petition for divorce on 2/11/2015. Thereafter the affidavit in lieu of evidence was filed by the applicant husband on 7/10/2017. After filing of affidavit in lieu of evidence, the Respondent herein filed an application under Order VI Rule 17 of the Code of Civil Procedure, seeking amendment in the plaint. The applicant wanted to make additions in the pleadings to the effect that, the Petitioner was already married, when respondent married her. She married Respondent without obtaining divorce from her husband of previous marriage.