AJANT BHUIYA Vs. LALRINMAWII KHIANGTEFB

JUDGEMENT

(1.) By order dated 27-8-2001 the District Judge Cachar, Silchar, on the petition filed by the husband Shri Ajant Bhuiya against his wife Smt. Lalrinmawii Khaingte for grant of decree of divorce, declared the marriage solemnized between the plaintiff (husband) and Respondent (wife) on 21-12-85 as dissolved under S. 14 of the Indian Divorce Act (hereinafter called the Act). This matter has been placed before this Full Bench under S. 17-A of the Act for confirmation of the declaration of the marriage as dissolved as ordered by the trial Court on 27-8-2001.

(2.) In the petition, which was filed by the husband, which is dated 6-11-2000, it was averred as under in paragraphs 5 and 6 :

(3.) It may be observed here that the Respondent (wife) did not appear before the trial Court despite service and she was ordered to be proceeded against ex parte. During the course of the proceedings before the trial Court an application under O. 6, R. 17 of the Code of Civil Procedure was made by the husband for permission to amend the pleadings by addition of the following paragraph as paragraph 5(a) in the main petition. Paragraph 5(a) reads as under:-