ORDER :

Since the issues involved in both the petitions are one and the same, they are taken up together and a common order is passed.

2. The present Civil Revision Petitions have been filed under Section 115 of Civil Procedure Code to set aside the fair and decreetal order dated 17.12.2020 passed by the learned Principal District Judge, Salem in I.A.Nos. 2 & 3 of 2020 in C.M.A.Nos.18 and 19 of 2020 respectively.

3. The petitioner and the respondent are husband and wife. Initially, H.M.O.P.No.24 of 2018 was filed by the petitioner/husband on 19.07.2016 under Section 13(1)(ia) of Hindu Marriage Act praying to dissolve the marriage that held on 20.05.2015 and to grant divorce. In consequence, H.M.O.P.No.96 of 2016 was filed by the respondent/wife on 07.09.2016 under Section 151 Civil Procedure Code seeking to pass a decree of restitution of conjugal rights on the strength of the marriage held between the petitioner and the respondent on 20.05.2015. Both the parties filed their respective counter to the petitions. Upon hearing the submissions and taking note of the averments on either side, the trial court had set aside the petition filed by the petitioner and allowed the petition filed by the respondent.

4. Thereafter, the petitioner/husband had filed an appeal in C.M.A.No.18 of 2020 under Section 28 of Hindu Marriage Act r/w Order 41 Rules 1 and 2 Civil Procedure code to set aside the fair and decreetal order passed in H.M.O.P.No.86 of 2018 [H.M.O.P.No.61 of 2016] on the file of Subordinate Judge, Omalur dated 05.02.2020 and the petitioner had also filed C.M.A.No.19 of 2020 under Section 28 of Hindu Marriage Act r/w Order 41 Rules 1 and 2 Civil Procedure code seeking to set aside the fair and decreetal order passed in H.M.O.P.No.24 of 2018 dated 05.02.2020.

5. Pending appeals, I.A.No.2 of 2020 was filed by the petitioner under Order 6 Rule 17 and Section 151 of Civil Procedure Code seeking to order amendment of the counter filed by the petitioner in H.M.O.P.No.86 of 2018 on the file of the Subordinate Judge, Omalur. That apart, I.A.No.3 of 2020 was also filed by the petitioner under Order 6 Rule 17 and Section 151 of Civil Procedure Code seeking to order amendment in the petition filed by the petitioner in H.M.O.P.No.24 of 2018 on the file of the Subordinate Judge, Omalur. Resisting the same, counter affidavits were filed by the respondent stating that the proposed amendment will definitely change and alter the root of the proceedings and it will cause prejudice to the respondent herein. For ready reference, the proposed amendments are extracted hereunder:-

1. In paragraph 9 of the main petition in H.M.O.P.No.24 of 2018, on the file of the subordinate Judge, Omalur, in the fourth sentence delete the following words:

OTHER LANGUAGE

2. In the tenth paragraph in the sixth sentence delete the following:-

OTHER LANGUAGE

3. In paragraph eleven of H.M.O.P.No.24 of 2018, on the file of the Subordinate Judge, Omalur in the second sentence delete the entire second sentence and third and fourth sentence of the same paragraph.

4. In the thirteenth paragraph of H.M.O.P.No.24 of 2018, on the file of the Subordinate Judge, Omalur in the first sentence delete the following:

OTHER LANGUAGE

5. In the cause of action paragraph of the H.M.O.P.No.24 of 2018 on the file of the Subordinate Judge, Omalur delete the following that comes after the words:

OTHER LANGUAGE

Both the I.As filed by the petitioner were dismissed. Challenging the same, the petitioner is before this Court by way the present Civil Revision Petitions.

6. The learned counsel for the petitioner would submit that the court below failed to consider Order 6 Rule 16 of Civil Procedure Code, which states that the court may at any stage of the proceedings order to struck out or amend any matter in any pleadings, which may be unnecessary, scandalous vexatious. Further, the lower court failed to consider the affidavit filed by the petitioner giving reasons and circumstances for stating certain necessary al