TOUSIF Vs. SHAIBA

JUDGEMENT

(1.) The miscellaneous petition is preferred under Article 227 of the Constitution of India being aggrieved by the order 15/5/2025 passed by learned Principal Judge, Family Court, District Dewas in RCSA No. 08/2023, wherein an application under Order VI Rule 17 dtd. 15/5/2025 has been dismissed.

(2.) The brief facts of the case, are that, the petitioner and respondent both are husband and wife married on 6/6/2013 according to the Muslim rites at Dewas (M.P.) and out of this wedlock two daughters Ku. Iera and Ku. Iza was on 8/4/2014 and 13/12/2017 respectively, out of which Ku. lera is residing with Respondent and Ku. Iza is residing with Petitioner. Further, it is stated that the respondent has deserted the petitioner without any good and sufficient cause on 26/7/2020 and subsequently in the year 2023, has submitted civil suit for divorce and claming Maher & Stridhan under Muslim Laws.

(3.) The written statement has been submitted by the petitioner before the Trial Court on 17/10/2024 thereby denying all the facts of plaint averments and prayed for dismissal of suit, thereby stating that the respondent has voluntary left matrimonial home without any good and sufficient cause with their elder daughter Kr. Ira. On the basis of respective pleadings of both the parties, the Learned Trial Court has framed issues, thereafter, case was fixed for recording the evidence of the parties to the suit. On 21/1/2025 the examination of chief of respondent/Wife has been recorded be the trial Court and the documents submitted by the respondent have been exhibited on 4/3/2025 and thereafter the case fixed for cross examination of the respondent. In this sequence, the petitioner has submitted application on 15/5/2025 before the Trial Court U/o 6 Rule 17 of CPC for amendment in the written statement, which has been rejected by the trial Court.