MADHUSMITA SAMANT Vs. RAJESH SINGH

JUDGEMENT

(1.) Order dated 29.07.2013 (Annexure-5) passed by the learned Judge, Family Court, Cuttack in C.P. No.153 of 2009 rejecting the petitioner's application for amendment of written statement, has been assailed in this writ application.

(2.) The opposite party is the husband of the petitioner. The marriage between the parties was solemnized on 11.05.2003 at Cuttack as per Hindu customary rites. The opposite party has filed Civil Proceeding No.153 of 2009 in the Family Court, Cuttack under Section 13(1) (i a) for dissolution of the marriage alleging different forms of cruelty meted out by the petitioner to the opposite party. In the divorce petition, among others, it has been alleged that at the instance of the petitioner and her father, the opposite party allowed the petitioner to pursue her M.S. Course in New York Institute of Technology, USA, for which all expenses were borne by the opposite party, while he was serving in Japan. It is alleged in paragraph-7 of the divorce petition that while pursuing her study in New York, the petitioner got into a relationship with one Sattar, a Bangladeshi National, who called up the opposite party on phone and informed him about his relationship with the petitioner and even sent some photographs of himself and the petitioner to the opposite party over the internet, for which the opposite party felt humiliated.

(3.) After the trial of the divorce proceeding commenced, the petitioner filed application for amendment of the written statement mainly for taking the plea that in view of opposite party's allegations that the petitioner was having illicit relationship with a Bangladeshi National, the said Bangladeshi National is a necessary party to the proceeding and for non-joinder of the said Bangladeshi National the proceeding is liable to be dismissed.