Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 8089 of 2018 Petitioner :- Dr. Sapna Soni Respondent :- Dr. Kuldeep Kumar Counsel for Petitioner :- Pooja Agarwal
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the petitioner.
The present petition is directed against the order dated 4.8.2018 whereby the amendment application paper no. 36Ka filed by the plaintiff/opposite party in divorce suit namely the Matrimonial Petition No. 1303 of 2016 (Dr. Kuldeep Kumar vs. Dr. Sapna Sone) has been allowed.
By means of the order impugned, two paragraphs namely paragraphs '13A' and '13B' sought to be added by the plaintiff has been allowed to state that in view of the first information report lodged by the wife and arrest of the plaintiff and he having been lodged in the jail for no fault of his own, resulted in his mental torture which may also be treated as one of grounds of divorce, claimed in the Matrimonial Petition No. 1303 of 2016.
The petitioner herein seeks to contend that the amendment application was allowed without granting opportunity to the wife to place her submission. Further submission is that the written statement was duly filed by wife in the divorce suit and she was contesting the matter. There was no occasion for the Court below to allow the amendment application.
Having gone through the order sheet dated 21.7.2018 and the order dated 4.8.2018 on record, it is apparent that the amendment application was filed on 21.7.2018. On the said date, the opposite party/wife was not present in the Court. The amendment application was allowed on 4.8.2018. On the said date also, the opposite party/wife was not present in the Court.
It is stated in paragraphs 11 of the present petition that the petitioner was not aware of the dates fixed as Court was vacant for some time. However, no reason has been assigned for absence of the petitioner/wife on the dates fixed i.e. 21.7.2018 and 4.8.2018 in the divorce petition.
Further the amendments are in the nature of addition of the subsequent events occurred after filing of the divorce petition.
For any averments added by way of amended paragraphs '13A' and '13B', it is always open for the contesting wife to file additional written statement so as to contradict the averments made therein.
For the aforesaid, this Court is of the considered view that no prejudice would be caused to the plaintiff's wife by the order dated 4.8.2018. Her interest to contest the Matrimonial Petition no. 1303 of 2016 can still be protected with the filing of the additional written statement by her.
For the aforesaid, this Court does not find any occasion to invoke the extraordinary jurisdiction under Article 227 of the Constitution of India.
The present petition is, accordingly, dismissed.
However, it is observed that this Court has not entered into the merits of claim of the parties. It is open for them to contest the divorce suit on merits.
The Court below shall proceed independently without being influenced by any of the observations made hereinabove.
Order Date :- 27.10.2018 Brijesh