BANDANA MISHRA Vs. JYOTIRANJAN MISHRA

JUDGEMENT

(1.) THIS writ petition has been filed by the defendant -wife in MAT Case No. 81 of 2006 impugning the order dated 26.12.2008 passed by the learned Civil Judge (Senior Division), Bhubaneswar. By the impugned order under Annexure -3, the learned Civil Judge has allowed the prayer for amendment of the petition filed by the opp. party husband.

(2.) THE facts of the case reveal that the parties were married on 19.4.2000. The petitioner wife, according to the husband opp. party, deserted him just after marriage after residing with him for few daysand remained in her paternal house and she did not agree to join with him at his place of posting, i.e., at Dharamgarh, where he has been posted as Additional Tahasildar. From the year 2000 till today, she is residing with her parents. So, finding no other alternative, after waiting for six years, the opp. party husband filed the MAT case initially for restitution of conjugal rights under section 9 of the Hindu Marriage Act.

(3.) AFFIDAVITS have been filed before this Court indicating therein that the petitioner -wife caused disturbances in the house of the husband and as she avoided to accept notice in the MAT case and tried to linger the litigation, the opp. party husband as the petitioner in the said MAT Case, was compelled to file an application for amendment by seeking a decree for divorce under section 13 of the Hindu Marriage Act. The prayer for amendment was allowed by the impugned order. Being aggrieved, the petitioner wife has preferred the present writ petition challenging the said order allowing amendment.