NARESH Vs. SMT. VARSHA AND ANOTHER

JUDGEMENT

(1.) Feeling aggrieved against the impugned order dated 11.1.2017, passed by learned family court, whereby application of the petitioner seeking amendment in his divorce petition was dismissed, petitioner has approached this Court by way of present revision petition.

(2.) Heard learned counsel for the petitioner.

(3.) It is a matter of record that petitioner filed his divorce petition under Section 13 of the Hindu Marriage Act, 1955, (the Act' for short) as far back as on 25.201 After conclusion of pleadings of the parties, appropriate issues were framed by learned matrimonial court. Petitioner closed his evidence in affirmative and thereafter respondent No. 1 produced and concluded her defence evidence as well. When the case was fixed for final arguments, petitioner moved application dated 17.12.2016 (Annexure P-3), seeking amendment in his divorce petition and also to implead respondent No. 2, as the applicant was intending to introduce the allegation of adultery against respondent No. 1 by way of amendment in his divorce petition. After hearing learned counsel for the parties and going through the record of the case, learned family court, vide its impugned order dated 11.1.2017, dismissed the application of the petitioner. Hence this revision petition under Article 227 of the Constitution of India.