ORDER

1. By way of the present writ petition, the petitioner has challenged order dated 13.12.2021 vide which, learned Family Court has allowed respondent's application dated 30.10.2021 filed under Order VI Rule 17 of the Code of Civil Procedure, 1908.

2. Precisely narrated, the facts germane are that the respondent filed a petition on 04.04.2019 and sought dissolution of her marriage with the present petitioner under Section 2 of Dissolution of Muslim Marriages Act, 1939 (hereinafter referred to as 'The Act').

3. After a reply to the petition had been filed on 30.10.2021, an application under Order VI Rule 17 of the Code, came to be filed by the respondents.

4. The petitioner's husband opposed the amendment and contended that as the reply has been filed and even plaintiff's evidence is over, the stage of amending the plaint has gone and hence, no amendment can be permitted.

5. Learned Family Court allowed the said amendment application vide its order dated 13.12.2021, inter alia, holding that the basis for filing the petition for divorce is desertion and cruelty, hence, the amendment sought in the prayer clause would be essential.

6. Mr. Joshi, learned counsel for the petitioner argued