TRIDIB MAJUMDAR Vs. JOYEETA MAJUMDER

JUDGEMENT

(1.) Heard the learned Counsel for both the parties.

(2.) Assailing the Order dated 16th July, 2013 passed by learned Additional District Judge, 9th Court, Alipore, South 24 -Parganas in Matrimonial Suit No. 64 of 2010 the present revisional application has been filed wherein by the order impugned the prayer for amendment of the plaint for conversion of the suit for restitution of conjugal rights to a suit for divorce has been rejected by the learned court below.

(3.) Now, the point for consideration before this court is that whether the learned trial court was justified in rejecting the prayer for amendment of the plaint. The fact remains that the petitioner herein filed the suit for restitution of conjugal rights since the wife/opposite party was not showing interest to live with the husband/petitioner and the schedule of the application under Order VI, Rule 17 of the Code at page 18 (annexure -'A') reveals the grounds for such conversion from the suit for restitution of conjugal rights to a suit for divorce.