ORDER

This Misc. Petition under Article 227 of the Constitution of India at the instance of petitioner/ husband is directed against the order dated 01-12-2018 whereby application filed under Order VI Rule 17 CPC seeking amendment in the suit seeking divorce, was partly dismissed.

2. A suit for divorce was filed on 25-03-2017 by the petitioner before the Family Court under Section 13(1) of the Hindu Marriage Act primarily on the ground of cruelty and thereafter, the application for amendment was filed on 03- 08-2018. After passing of the impugned order and filing of the instant miscellaneous petition, written statement has been filed by the respondent/wife.

3 . Learned counsel for the petitioner while taking exception to the impugned order inter alia submitted that proposed amendment would neither change the nature of the suit nor the relief. Through the application, certain subsequent events of cruelty which occurred after filing of the plaint are sought to be brought on record to substantiate the allegations of cruelty; ground for divorce. The Court below did not appreciate the aforesaid fact and by the impugned evasive order has partly rejected the application for amendment.

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