SUJIT NARAYAN PRASAD
Om Prakash Sinha – Appellant
Versus
Nishi Sinha – Respondent
ORDER :
This writ petition under Article 227 of the Constitution of India, wherein order dated 20.02.2018 passed in Title (Matrimonial) Suit No.239 of 2012 has been challenged whereby and where under the petition for amendment in the plaint dated 20.02.2018 (annexure-4) and petition filed under Order 14 Rule 5 of the C.P.C. read with Section 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:-
i. Whether this suit is maintainable in its present form?
ii. Whether there is any valid cause of action of this suit?
iii. Whether the respondent is suffering incurable mental disease of schizophrenia?
iv. Whether the plaintiff and his family members subjected th
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