GOPI RAMCHANDANI Vs. A.H. RAMCHANDANI

JUDGEMENT

(1.) BY this writ petition under Article 227 of the Constitution of India, the petitioner-defendant has challenged the validity of the impugned order Annexure P-10 dated 15.9.2008 by which the amendment application as well as the application under section 45 of the Evidence Act filed by the petitioner-defendant have been rejected.

(2.) AN application under section 11 of the Hindu Marriage Act, 1955 (in short 'the Act') has been filed by the plaintiff-respondent praying therein that the marriage which was solemnized between the parties be declared null and void. According to the application, defendant-petitioner was earlier married to one Ashok Khotani, but, without obtaining any decree of divorce from her earlier husband, the marriage was solemnized between the parties. It has been further pleaded in the application that said Ashok Khotani is still alive.

(3.) DURING the pendency of the proceedings before the Family Court, Bhopal, an application under Order VI Rule 17 read with section 151 CPC has been filed by defendant-petitioner praying therein that the proposed amendment be allowed. This application was opposed by respondent-plaintiff by filing reply. Learned Family Court by the impugned order dismissed the amendment application as well as the application under section 45 of the Evidence Act filed on behalf of the defendant.