SBCWP NO.5512/2007 – PRAVEEN KUMAR . V/S SMT. KALAPANA . : JUDGMENT DTD.26.9.2008. 1/3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL WRIT PETITION NO.5512/2007 Praveen Kumar versus Smt. Kalpana and another. PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr.S.R.Sharma, for the petitioner. Mr.Sandeep Shah, for the respondents. DATE OF JUDGMENT : 26th September, 2008. JUDGMENT 1. Heard the learned counsel for the parties. 2. This writ petition is directed against the order dtd.30.7.2007 whereby the learned trial Court refused amendment under Order 6 Rule 17 C.P.C. to the petitioner – SBCWP NO.5512/2007 – PRAVEEN KUMAR . V/S SMT. KALAPANA . : JUDGMENT DTD.26.9.2008. 2/3 husband who sought to amend the pleadings in divorce petition filed by him against the respondent – wife. 3. The learned counsel for the petitioner submits that on account of filing of FIR under Section 498A I.P.C. by the respondent – wife, such amendment became necessary and it would not change the nature of the suit i.e. application filed for divorce by the petitioner – husband. 4. The learned counsel for the respondent vehemently opposes these submissions. 4. Having heard the learned counsels, and in view of the facts and circumstances of the case, it appears that the trial Court has erred in rejecting the amendment application of the petitioner – husband under Order 6 Rule 17 C.P.C. and subsequent facts taking place during the pendency of the application could always be taken and therefore, necessary pleadings to that effect could be ordered to be incorporated by the learned trial Court. SBCWP NO.5512/2007 – PRAVEEN KUMAR . V/S SMT. KALAPANA . : JUDGMENT DTD.26.9.2008. 3/3 5. Accordingly this writ petition is allowed and setting aside the order dtd.30.7.2007 of the learned Family Court, Udaipur, the amendment application under Order 6 Rule 17 C.P.C. filed by the petitioner – husband is allowed. No order as to costs. (Dr.VINEET KOTHARI)J. Item No.14 Ss/-