Renu Kumari v. Pankaj Kumar Ram

24.09.2024 Item No.16 DL Ct.19 A.J.

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION C.O. 3407 of 2024 Smt. Renu Kumari -VsSri Pankaj Kumar Ram Mr. Suvadeep Sen ......for the petitioner. Mr. Pinaki Ranjan Mitra........for the opposite party.

Affidavit of service filed on behalf of the petitioner be kept with the record.

The instant application under Article 227 of the Constitution of India is at the instance of the wife, the respondent of the connected Matrimonial Suit No. 763 of 2020 filed by the husband, the opposite party herein for dissolution of the marriage between them by a decree of divorce. The said suit is pending before the 2nd Court of the learned Additional District Judge, District-Howrah. The learned Trial Judge by the order impugned has dismissed an application under Order VI Rule 17 of the Code of Civil Procedure filed by the wife for amendment of her written statement.

The husband is seeking the decree of divorce inter alia, on the grounds of desertion. The wife, by the proposed amendment, wants to bring pleadings in her written statement to deny the said allegation.

The trial of the suit though has commenced but considering the nature of the suit, this Court is inclined to

afford an opportunity to the wife to bring pleadings in her written statement to deny the said allegation of desertion. The order impugned, therefore is set aside.

The wife is required to file amended written statement within a period of two weeks from date. The husband is permitted to file supplementary evidence-in-chief to deal with the amended portion of the said written statement and to tender such evidence-in-chief on the next date fixed in the suit and upon the completion of the said evidence, the wife is obliged to conclude cross-examination of the husband on the said date itself.

C.O. 3407 of 2024 is disposed of without any order as to costs.

Urgent Photostat certified copies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)