MEENA SURESH MANE Vs. SURESH GANGARAM MANE

JUDGEMENT

(1.) The petitioner/original respondent has challenged the impugned order dated 1.2.2008 passed by Ad hoc District Judge 2, Satara on Exh. 33 in Regular Civil Appeal No. 153/2006 as in appeal her application for amendment of the written statement to include the fact in respect of allegation of adultery and to add the concerned person as necessary party to the petition has been rejected.

(2.) The respondent/husband filed petition for divorce under section 13(l)(ia) of Hindu Marriage Act, 1955 (for short the Acf). The petitioner filed written statement and denied the case including averments about adultery. The ground of divorce was not of adultery as contemplated under the Act i.e. 13(l)(i). There was no such application moved before the trial Court by; the petitioner to add the concerned person as a party as there was allegation made about the adultery. In fact, issues were also framed which includes the issue of adultery. The parties led the evidence including the petitioner and after considering all the material available on record, by order dated 7.4.2006, the Joint Civil Judge, Senior Division, Satara granted the decree of dissolution of marriage under section 13(l}(ia) of the Act and also ordered permanent alimony to be paid to the petitioner/original respondent at the rate of Rs. 1500/- per month.

(3.) The petitioner preferred appeal and in the appeal moved this application.