OM PRAKASH SINHA Vs. NISHI SINHA

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India, wherein order dtd. 20/2/2018 passed in Title (Matrimonial) Suit No.239 of 2012 has been challenged whereby and whereunder the petition for amendment in the plaint dtd. 20/2/2018(annexure-4) and petition filed under Order 14 Rule 5 of the C.P.C. read with Sec. 151 of the C.P.C. (annexure-3) have been rejected, is under challenge.

(2.) The brief facts of the case of the petitioner as per the pleading made in this writ petition is that the petitioner/plaintiff has filed matrimonial suit being Title (Matrimonial) Suit No.239 of 2012 before the Court of Principal Judge, Family Court, Bokaro praying therein for declaration of the marriage of the petitioner with the respondent as nullity under the provision of Hindu Marriage Act, 1955. The trial has commenced and on the basis of the proposed issue filed by the parties, following issues have been framed:-

(3.) The trial has proceeded and reached to the stage of arguments and at this juncture, both the petitions have been filed one under Order 6 Rule 17 of the C.P.C. and other under Order 14 Rule 5 of the C.P.C. The petition under Order 14 Rule 5 of the C.P.C. has been filed for allowing the plaintiff to incorporate in paragraph 2(xx), Sec. 12 (1) (C) which could not be mentioned due to typographical error though the entire pleadings of the petitioner revolve around the mental illness of the respondent prior to marriage and suppression of this material fact by the respondent and her family members.