1N THE HIGH COURT OF CHHAT'L‘ISGARH AT BfLi/ISP‘5’k ié’G} V " WRIT PETITION N03>7é$ /2006/ PETITIONER I Tarini Prasad Panda, aged about APPLICANT 26 years (Presently 34) ars, son of Shri Navinchandra Pa da (Upper Division Teacher), resident 01 Village Gadhumariya, Tahsil and District Raigarh (Chhattisgarh) VERSUS RESPONDENT /Smt. Manisha Panda, NON-APPLICANT Wife of Shri Tarini Prasad Panda, aged about 22 years (Presently 29 years), occupation — service, resident of Dharam‘jaigarh‘, Tah. Dharamjaigarh, Distt. Raigarh (Chhattisgarh) /, WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA t , AV /v\i / / Xl-HC-78 #FnmiiH 5/ @ ¥F12003§ 311%:1m (WE) metwm ‘ aaranéamm‘ai ‘ WW§wm $Wané‘u' mmmmésr 31 -8-20D5 Heard Mr. A.N. Bhakia, co sel for the petitioner, on admission. The petitioner has prefer this writ petition under Articie 227 of the Cunstitution of india, questioning he iegaiity, propriety and correctness of the order dated 10-10-1996 passed the 2'” Additional District Judge, Raigarh, in Civii Suit No.13-Al1 996, whe by learned Additional “District Judge has rejected the application at the peti oner for amendment in the suit. Perusai of the impugned o der shows that on eariier occasion in Civii Suit No.8-A/94, the petitioner her in admitted the legality of the marriage and now, by the amendment which h is seeking he is challenging the legality of the marriage. in the instant suit also, the petitioner admitted the legality of the marriage, and now by seekin deletion of the same he wants to insert by way of amendment that the marria e was not valid. i do not frnd any iilegaiity or infirmity in the order impugned for the reason that if the instant amendm nt is allowed, then it will change the nature of the suit in question. Secondly the suit has been tiled for granting divorce under Section 13 of the Hindu M rriage Act, 1955, on the ground of adultery, whereas, by amendment, the pet‘ ioner wants to chaiienge the legality of the marriage, which is not covered u der Section 13 of the Hindu Marriage Act, 1955, and for that purpose he s required to hie a suit for nuiiity of the marriage. ln View of the above, the it petition is without any substance, same is liable to be dismissed and it is ordingly, dismissed, in limine. r , r o Consequently, M.(W.)P. 3168/2005 8: i.A.No.7054/2005 stand disposed of. Sd/- L.C.BHAD00 Judge