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Smt. Dev Huti Sharma v. State Of U.P. & Another - WRIT - C No. 15364 of 2003 [2006] RD-AH 2543 (1 February 2006)


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                                                                                       Court No.38

Civil Misc. Writ Petition No. 15364 of 2003

Smt. Dev Huti Sharma      Vs.      State of U.P. and another

Hon'ble Vineet Saran, J

The petitioner, who is wife of Respondent no.2, has challenged the order dated 18.1.2003 passed by the trial court whereby the amendment application of the Respondent no.2 (Plaintiff) has been allowed.

The brief facts are that on 9.1.2001 the Respondent no.2 (husband) filed a suit under Section 9 of the Hindu Marriage Act praying for restitution of conjugal rights. By means of an amendment application the Respondent no.2 prayed for conversion of the suit for granting a decree of divorce under Section 13 of the Hindu Marriage Act. The said application has been allowed by the trial court vide impugned order dated 18.1.2003.

I have heard learned counsel for the parties and perused the record.

The submission of the learned counsel for the petitioner is that by way of amendment, the entire nature of the suit cannot be changed as has been done in the present case. The suit was initially filed for restitution of conjugal rights and now by way of amendment, the prayer is for annulling the marriage and granting a decree of divorce. Learned counsel  for the respondent has, however, submitted that the impugned order be quashed but the Respondent no.2 may be given opportunity to file a fresh suit under Section 13 of the Hindu Marriage Act.

Considering the aforesaid submissions as well as the facts and circumstances of the case, the order dated 18.1.2003 whereby the amendment application of the Respondent no.2  had been allowed, is quashed. However, the Plaintiff-Respondent no.2 shall not be debarred from approaching the competent court of law by way of filing fresh suit under Section 13 of the Hindu Marriage Act.

The writ petition stands allowed. No order as to cost.




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