1. - Heard learned counsel for the parties on the application for amendment in the pleadings.

2. The admitted facts are that petition was filed u/s. 12(l)(ka) of Hindu Marriage Act for declaring the marriage void on the ground that marriage has not been consummated owing to the impotence of the respondent.

3. After taking the material on record including the amission of the appellant that marriage has been consumed, the family Court found that petitioner has failed to prove that marriage could not be consumed owing to the impotence of the respondent.

4. Now by this application, the appellant prayed that the documents annexed with the application be taken on record and prayer also be amended to consider this appeal for dissolution of marriage on the ground of cruelty u/s. 13(l)(a) of the Hindu Marriage Act,1955.

5. No such ground was taken before the family Court for dissolution of marriage and to consider this fresh issue in appeal, that requires enquiry into the facts, that new ground cannot be entertained at appeal stage. Even there is a separate Section i.e. Section 13 in the Hindu Marriage Act, which provides the ground for dissolution of marriage. The petition filed before Family Court was u/s. 12 for declaring the marriage void. The question of dissolution of marriage shall come only when the marriage cannot be declared void/voidable. We see no justification to permit the appellant to raise the plea for leave for dissolution of marriage on the ground of cruelty u/s. 13(i)(a) of the Hindu Marriage Act.

6. Therefore, we see no substance in this application as new ground cannot be permitted, which requires enquiry into the facts.

7. Consequently, the application stands rejected.

8. However, considering the urgency in the matter, the appeal be listed for final hearing on 10.3.2004Application rejected.

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