- (1.) Petitioner-Wife has laid this petition under Article 227 of the Constitution of India to challenge impugned orders dated 20.07.2015 (Annex.6) and 07.08.2015 (Annex.8), passed by learned Family Court No.2, Jodhpur, whereby application of the respondent-husband for amendment in the pleadings has been allowed, and the amended petition for annulment of marriage under Section 13 of the Hindu Marriage Act, 1955 is taken on record.
(2.) The facts necessary and germane to the matter are that respondent-husband laid a petition under Section 13 of the Act of 1955 read with Section 7 of the Family Courts Act, 1984 against the petitioner-wife for dissolution of marriage, precisely, on the ground of cruelty. The petition was filed on 05.10.2012. Subsequently, written statement was filed by the petitioner-wife on 13.09.2013 followed by subsequent pleadings by the respondenthusband on 10.12.2013. On the basis of pleadings of the rival parties, learned Family Court framed issues on 02.01.2015. Subsequent to that, respondent-husband made endeavour for amendment in the pleadings and application under Order 6 Rule 17 is laid to incorporate some other grounds for substantiating the allegation of cruelty. The application seeking amendment is drafted exhaustively and in the pleadings with para 32A and 32B are specifically highlighted for being incorporated in the form of amendment. The prayer made in the application is opposed by the petitioner-wife.
(3.) Learned Family Court, by its order dated 20.07.2015, allowed the application for amendment without clarifying as to which paragraph respondent-husband can incorporate by way of amendment in the pleadings in his petition for dissolution of marriage. Pursuant to the said order, the respondent-husband has filed amended petition for dissolution of marriage incorporating all the facts which were pleaded in the application for amendment.;