FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. ________________________________________________________________________________________________________________________________________________ Office notes, office Memoranda of coram, appearance, court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ____________________________________________________________________________________________________________ WRIT PETITION NO.173/2010 1- Heard counsel for the petitioner. Perused order impugned in this writ petition. 2- It is not in dispute that present petitioner had filed Hindu Marriage Petition No. 110/2002 in the Court of learned Civil Judge Senior Division, Jalgaon under section 13 of the Hindu Marriage Act for dissolution of the marriage. Marriage among the parties, allegedly solemnized on 18.03.1984. I am not inclined to discuss grounds raised in this petition. This Hindu Marriage Petition No. 110/2002 for dissolution of marriage, after considering the evidence on record, has been dismissed by the trial court. Said judgment and order passed by learned Civil Judge (S.D.), Jalgaon has been challenged by filing R.C.A.No. 60/2007 in the Court of Learned District and Sessions Court, Jalgaon. During the pendency of this appeal, present petitioner/husband moved an application seeking amendment. Copy of said application is on record. This application was filed on 07.04.2009. It is annexure ‘C’ on record. This has been rejected, by the First Appellate Court. This is the reason why this writ petition is filed. 3- Learned counsel for the petitioner took me through the proposed amendment. It is annexure ‘C’ (relevant portion of page 22). Proposed amendment read by me not for discussing the merits but then just to understand the nature of the amendment. This amendment has been refused by the First Appellate Court that there are no grounds mentioned in this application. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. ________________________________________________________________________________________________________________________________________________ Office notes, office Memoranda of coram, appearance, court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ____________________________________________________________________________________________________________ 4- Order 6 Rule 17 of the Code of Civil Procedure has suffered amendment. Parliament in its wisdom has brought amendment to the Order 6 Rule 17 which is made enforceable from First July, 2002. This application, indisputably, after such amendment to the Code of Civil Procedure has been filed by the petitioner-husband is not in consonance of Order 6 Rule 17. I do not see any infirmity in the order passed by the First Appellate Court. In my view, there is no substance in the writ petition, 5- Writ Petition stands dismissed in limine. No order as to costs. ( S. B. DESHMUKH, J. ) * * * Dt :- 01.02.2010 aaa/173.10