NIMRATA KUMARI Vs. AJAY KUMAR

JUDGEMENT

(1.) THROUGH the medium of this petition, filed under Section 104 of the Constitution of Jammu & Kashmir, the petitioner -Nimrata Kumari is seeking setting aside of order dated 19.07.2014 passed by the learned Additional District Judge (Matrimonial Cases) Jammu, whereby the trial Court while allowing the application of respondent -Ajay Kumar permitted him to file the amended divorce petition under Section 13 of the Hindu Marriage Act. The facts -in -brief are that respondent has filed a petition before the trial Court under Section 13 of the Hindu Marriage Act for seeking divorce in his favour, in which the petitioner herein has also filed objections. The trial Court has also framed the issues. However, during the pendency of said petition, the respondent filed an application for amendment of the petition, to which the petitioner herein also filed her response. The trial Court vide order dated 19.07.2014, while allowing the application, permitted the respondent herein to file the amended divorce petition. It is this order which is challenged by the petitioner through the medium of present petition.

(2.) THE precise ground taken by the petitioner is that under Order VI Rule 17 of the Code of Civil Procedure no power of amendment can be exercised by the trial Court; the order impugned therefore is without jurisdiction and is contrary to the rules. It has also been contended by the learned counsel for petitioner that the order impugned is not speaking one as no detailed reasons have been given in the order. In support of his contention, he has relied upon a case reported as Ali Mohammad Magloo v. Abdul Hamid Magloo, : 2007 (3) JKJ 58 [HC].

(3.) HEARD learned counsel.