- (1.) Challenge in this revision under Article 227 of the Constitution of India for setting aside the order dated 1.12.2011 passed by learned Additional District Judge, Sonepat vide which the application of the husband for amendment of petition under Section 13 of the Hindu Marriage Act for grant of decree of divorce on the ground of cruelty, desertion and adultery was accepted. The husband through proposed amendment wanted to incorporate the additional fact regarding adultery. In his application for amendment it has been asserted that at the time of filing of petition, respondent No.2 was not a party and, therefore, inadvertently role of respondent No.2 was not mentioned.
(2.) The said application was resisted by the wife Saroj Bala, now petitioner. The learned trial Court, after hearing both the sides allowed the application vide order dated 1.12.2011. The order dated 1.12.2011 allowing the amendment application has been challenged in the present revision petition.
(3.) Originally divorce petition was filed against the wife only. Husband has filed an application for arraying Sushil Kumar as party and that application was dismissed. The husband preferred revision petition No.241 of 2011 and that revision petition was accepted vide order dated 7.4.2011 passed by this Court and Sushil Kumar was ordered to be arrayed as respondent. The petitioner through proposed amendment wanted to give details of adultery against respondent No.2.;