PRATAP SENAPATI Vs. PRATIMA SENAPATI

JUDGEMENT

(1.) This first appeal is directed against the judgement and decree dismissing the husband's suit for divorce being Mat Suit No. 348 of 1997 passed by the learned Additional District & Sessions Judge, 1st Fast Track Court, Hooghly on 23rd December, 2005 at the instance of the husband/appellant.

(2.) Initially the husband/appellant filed an application under Section 9 of the Hindu Marriage Act praying for restitution of conjugal right. In the said suit, the husband/appellant filed an application under Order 6 Rule 17 of the Code of Civil Procedure for amending his pleading in the plaint.

(3.) As a matter of fact, immediately upon receipt of the summons of the said proceeding under Section 9 of the Hindu Marriage Act, the wife/respondent lodged a complaint under Section 498A of the Indian Penal Code against the husband/appellant and his other family members. This was the cause which prompted the husband/appellant to file the said application for amendment of his pleading in the plaint. In the said application, the husband sought for permission to bring those facts relating to lodging of such a complaint under Section 498A of the Indian Penal Code by the wife against the husband and his family members. According to the husband/appellant, filing of such a complaint by the wife against the husband and his other family members amounts to mental cruelty. Accordingly, he wanted to convert his application for restitution of conjugal right into a suit for divorce by bringing those facts on record by way of amendment of his pleading.