SAJAN JAGANNATH NAKASE Vs. SANDHYA SAJAN NAKASE

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard finally by consent of the parties. Shri Sajjad Hussain, learned Counsel waives notice on behalf of the respondent.

(2.) By way of present petition, the petitioner challenges the order passed by the learned Civil Judge, Senior Division, Gondia in HMP No. 17/2004 below Exh.22 dated 24th October, 2005, thereby rejecting the application of the present petitioner for amendment of the Hindu Marriage petition.

(3.) The petitioner has filed petition under Section 13 of Hindu Marriage Act for dissolution of the marriage. The ground raised in the said petition is that the respondent-wife was suffering from epilepsy and due to attacks of epilepsy, her behaviour used to be abnormal and that would adversely affect the children of the petitioner from his first wife. After filing of the petition, the petitioner filed an application for amendment of the Hindu Marriage petition. By way of said amendment, the petitioner also sought declaration that the marriage which took place between the petitioner and the respondent on 8th June, 2003 was null and void. The said application came to be rejected by the impugned order. Hence, this petition.