ALKA KHEMAKA Vs. KISHAN LAKKAR

JUDGEMENT

(1.) THE present application under Article 227 of the constitution is directed against the Order No. 16 dated 12th June, 2006 passed by the learned Presiding Judge, Family Court, Calcutta in Matrimonial Suit no. 230 of 2004.

(2.) AFTER hearing learned Counsel for both parties and on perusal of relevant materials it appears that an application under Order 6 Rule 17 read with section 151 of the Code of Civil Procedure was filed before the learned Court on behalf of the petitioner. The opposite party/respondent filed written objection against such prayer for amendment on the ground that the proposed amendment, if allowed, would change the nature, scope and object of the suit. The learned court by the order dated 12. 6. 2006 rejected the said application for amendment.

(3.) MR. Sen, as learned Counsel for the petitioner, submitted that the learned judge, Family Court, failed to appreciate the matter in its proper perspective. It was submitted that at the time of filing of the matrimonial suit, certain vital aspects escaped the attention which naturally required to be taken care of. The petitioner was advised to seek a declaration that her purported marriage with the opposite party was null and void ab initio for non-compliance with the mandatory statutory procedures in relation to a marriage under the Hindu marriage Act. The petitioner was subsequently advised to include necessary pleadings and incorporate an alternative prayer of divorce under section 13 of the Hindu Marriage Act.