Court No. - 4 Case :- CIVIL REVISION No. - 17 of 2010 Petitioner :- Tripti Tripathi Respondent :- Kali Charan
Petitioner Counsel :- R.K. Pandey
Respondent Counsel :- Rishikesh Tripathi
Hon’ble Krishna Murari, J.
Heard learned counsel for the defendantrevisionist and Shri
Rishikesh Tripathi appearing for the plaintiffrespondent.
Suit under Section 9 of the Hindu Marriage Act was filed by the
respondent before Civil Judge (Senior Division), Banda. In
response to the notice, the revisionistwife appeared and filed a
written statement stating that she was ready and willing to live with
the plaintiffrespondent. Thereafter the plaintiffrespondent moved
an application seeking amendment in the plaint. The court below
vide order dated 22.10.2009 allowed the amendment on cost of
Rs.150/.
It has been urged by the learned counsel for the revisionist that by
the proposed amendment, entire nature of the suit stands changed
as the suit under Section 9 gets converted into proceedings under
Section 13 for dissolution of marriage.
Prima facie, from a perusal of the amendment application, there
appears to be force in the argument, inasmuch as by the
amendment the suit filed under Section 9 gets converted in suit
under Section 13 of the Hindu Marriage Act.
However, Shri Rishikesh Tripathi appearing for the defendant
respondent made a statement that he could be permitted to
withdraw the suit with the liberty to file a fresh suit under Section
13 of the Hindue Marriage Act.
In view of the aforesaid statement, the Suit No. 278 of 2008 filed
under Section 9 of the Hindu Marriage Act stands dismissed as
withdrawn with the liberty to the respondenthusband to initiate
proceedings under Section 13 of the Hindu Marriage Act, if so
advised.
Subject to aforesaid directions, the civil revision stands dismissed.
11.01.2010
VKS/ C.R. 17/10