CRP 190/2010 BEFORE HON’BLE MR JUSTICE B.P.KATAKEY Heard Mr IA Talukdar, learned counsel for the petitioner husband. The petitioner husband by the present petition has challenged the order dated 29.4.2010 passed by the learned Principal Judge, Family Court, Cachar at S ilchar whereby and where-under the petition filed by the respondent wife under O rder 6 Rule 7 of CPC in FC(Civil) Case No.26 of 2009 seeking amendment of the pl aint, in so far as it relates to insertion of the date of marriage in the pleadi ngs, has been allowed. The respondent wife initiated the said proceeding before the learned fam ily court seeking dissolution of the marriage. In the said proceeding, since the date of marriage was not mentioned, the present respondent had filed an applica tion under Order 6 Rule 17 CPC seeking amendment of the pleadings only for inser tion of the date of marriage, as 26.9.2007. The learned court below vide order dated 29.4.2010 allowed the applicati on holding that the amendment sought for is necessary to adjudicate the real con troversy between the parties. It is submitted by the learned counsel for the petitioner that since the marriage between the parties is disputed, the insertion of the date of marriage by allowing the application seeking amendment of the pleadings would cause misc arriage of justice to the petitioner. Whether the marriage between the parties was solemnized or not is a ques tion of fact to be decided by the learned court below during course of trial. Th e respondent has filed an application, as noticed above, seeking amendment of th e pleadings only to insert the date of marriage, as 26.9.2007, which was inadver tently left out in the original pleadings. Allowing the application seeking amen dment for insertion of the date of marriage would in no way cause any prejudice to the petitioner, not to speak of miscarriage of justice. Such amendment is no doubt necessary to decide the real controversy as, according to the learned coun sel for petitioner, the solemnization of marriage was denied by the petitioner. In view of the above, I do not find any merit in the present application and hence the same is dismissed. No costs.