SARITA Vs. DILIP

JUDGEMENT

(1.) NO revision is maintainable against the rejection of amendment application which is an interlocutory order. The Trial Court has also rejected the application filed Under Order VII Rule 11 of the Code about the maintainability of the suit. The husband has filed suit for declaration that he has obtained divorce as per the prevailing custom in his caste which is fully established. The Trial Court has held that such a suit is maintainable placing reliance on the decision in the case of P. Mariammal v. Padmanabhan, AIR 2001 Madras 350.

(2.) LEARNED Counsel for respondent submitted that this Court has also taken similar view in the order passed on 7. 8. 2002 in Civil Revision No. 160 of 2002, Sandhya @ Divya and Ors. v. Dinesh Kushzvaha.

(3.) ACCORDINGLY it is held that the suit is maintainable and the Trial Court has rightly rejected the objections filed on behalf of the applicants/defendants.