This writ petition has been transferred from the High Court of Calcutta by the order of the Supreme Court dated 03-1-2011. Before the Calcutta High Court, the petitioner the Wife) had challenged the order dated 03-11-2009 passed (hereinafter referred to as by the 14th Additional Court of District Judge at Alipore, South 24-Parganas in Matrimonial Suit No. 123/2009 whereby in a proceeding u/S. 9 of the Hindu Marriage Act, 1955 (in short the Act of 1955), for restitution of conjugal rights, the application for amendment filed under Sections 13A, 21 of the Act of 1955 read with Order VI, Rule 17, CPC for conversion of the proceedings into the proceedings for divorce by way of amendment, has been allowed.

2. Briefly stated, the facts of this case are that the husband (hereinafter referred to as Husband) filed an application u/S. 9 of the Act of 1955 for restitution of conjugal rights in the month of April, 2007 stating therein that his marriage was solemnised on 29-6-2005 at Calcutta. Thereafter, the Wife went to her parental house in the month of February, 2006 and started residing there without caring and taking any information about the Husband. Thereafter again, the Wife retu