USHA KUMAR Vs. MADAN LAL

JUDGEMENT

(1.) This application is directed against the order dated 25.4.87 passed by Shri J.F. Kujur, 3rd Additional District Judge, Patna, in Matrimonial Suit No. 56 of 1985, whereby and whereunder the said learned Court while allowing the said application for amendment of an application filed under Section 10 of the Hindu Marriage Act, permitted the applicant thereof to add Sri Lal Babu and one Sri Ashok Kumar as opposite parties in the aforementioned application describing them as persons having adulterous relationship with the petitioner hereof.

(2.) The opposite party filed the aforementioned application for judicial separation purported to be under Section 10 of the Hindu Marriage Act, 1955 making various allegations therein against the petitioner. By reason of an application for amendment of the said application which is contained in annexure-1 to this civil revision application, it was asserted that as the petitioner was of a bad character having adulterous connection with several young men, the names and address of some of them, so far as ascertained, bad been given at the foot thereof and the opposite party had been advised to add the said persons as parties to the application in order to avoid future complication.

(3.) Mr. Sharma, learned Counsel appearing on behalf of the petitioner, has drawn my attention to paragraph 10 of the application filed by the opposite party Under Section 10 of the Hindu Marriage Act and contended that the statement made therein do not make out a Case that the petitioner, after the solemnisation of the marriage, has voluntary sexual intercourse with any person other than her spouse. The learned Counsel submitted that in view of the fact that no case, as contemplated under Section 13(l)(i) of the Hindu Marriage Act, has been made out, the learned Court below has misdirected itself in passing the impugned order by allowing the application for amendment filed by the Opp. party and therein adding two persons as co-respondents in the suit.