V BHAGYALAXMI Vs. RAHUL KUMAR

JUDGEMENT

(1.) THIS civil revision petition is directed against the order, dated 20. 2. 2007 made in IA No. 91 of 2006 in O. P. No. 89 of 2005 on the file of the Family Court, warangal, whereby, the learned Judge allowed the application filed under Order 6 rule 17 C. P. C. amending the provision of law as Section 13 (1) (ia) (ib) of the Hindu marriage Act instead of Section 10 (x) of the Indian Divorce Act.

(2.) THE brief facts of the case are that the husband i. e. , the respondent herein instituted O. P. No. 89 of 2005 seeking divorce under Section 10 (x) of the Divorce act, 1869 stating that his wife i. e. , the petitioner herein treated him with such cruelty as to cause a reasonable apprehension in his mind that it would be harmful or injurious for him to live with her. Before the trial commenced, the respondent-husband filed the present application seeking amendment of the provision of law as Section 13 (1) (ia) (ib) of the Hindu marriage Act instead of Section 10 (x) of the Indian Divorce Act. As stated above, the trial Court allowed the application by amending the provision as sought for. Aggrieved by the order dated 20. 2. 2007, the petitioner-wife has filed this civil revision petition.

(3.) HEARD the learned Counsel for both the parties and perused the material placed on record.