mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRI PETITION NO.7156 OF 2009 Vijay Vasantrao Purekar Petitioner versus Namrata Vijay Purekar Respondents A.B.Borkar for petitioner. CORAM : A.S.OKA, J. DATE : 18th January 2010 PC : 1. Heard learned counsel for the petitioner. An application was made by the petitioner for recasting the issues. The prayer of the petitioner was for framing the following issue as an additional issue :- "Does applicant prove that he is entitle to decree for divorce u/s 13(I), B and (II) of Hindu Marriage Act, 1956." 2. The said application has been rejected by the learned District Judge on the ground that admittedly there is no decree for restitution of conjugal rights passed by the competent Court. The Appellate Court rightly observed that the proposed additional issue is unwarranted. 3. As there is no decree for restitution of conjugal rights passed at the instance of either parties, the view taken by the Appellate Court that the proposed additional issue will not arise is correct and no interference is called for. The petition is accordingly rejected. (A.S.OKA, J.)