JUDGMENT Hon’ble S.U. Khan, J.—At the time of hearing no one appeared on behalf of wife respondent No. 2 Archana Singh, hence, only the arguments of learned Counsel for the husband petitioner were heard. 2. Through this writ petition order dated 25.4.2001 has been challenged. The said order was passed by XVth Additional District Judge, Ghaziabad in Marriage Petition No. 314 of 1998. Through the said order application of husband plaintiff petitioner seeking amendment in the plaint was rejected. Marriage Petition had initially been filed in district Jhujhnu, situate in Rajasthan. Thereafter, through order of Supreme Court the said petition was transferred to Ghaziabad. 3. The first ground on which amendment application has been rejected is that the original petition is drafted in Hindi (Devnagri Script) while the amendment application has been filed in English. In my opinion, the view of the Court below is not correct. It would have been more appropriate if amendment application had been filed in same language and script in which plaint was drafted, however, on this technical ground amendment could not be rejected. 4. The second amendment was sought in the title of the plaint i.e. instead of “District Judge Jhujhnu” "Court of XV A.D.J. Ghaziabad” was sought to be added. This amendment was formal in nature and its rejection will not make any difference. 5. Through the material amendment which was sought and rejected husband petitioner prayed for adding the fact in the plaint to the effect that on 17.9.2000 his father died, however, wife opposite party did not come to express grief and sorrow and she was residing separately from the husband without any cause with effect from 4.11.1997. The Court below rejected the amendment on the ground that through the said amendment desertion as a new ground of divorce was being sought to be added which could not be taken at the time of filing of the Marriage Petition for divorce as two years had not completed from the Marriage at the time of filing of the divorce petition. The Court below also expressed the opinion that the said amendment could change the nature of the case. Marriage was solemnised on 23.4.1997. Section 13(1)(ib) Hindu Marriage Act, 1955 as inserted in 1976 provides as under : “has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition”. 6. The Court below also expressed the opinion that the said amendment could change the nature of the case. Marriage was solemnised on 23.4.1997. Section 13(1)(ib) Hindu Marriage Act, 1955 as inserted in 1976 provides as under : “has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition”. 6. In the original divorce petition ground of desertion was not taken as two years period had not expired even from Marriage. In the original petition only the ground of cruelty had been taken. 7. In the divorce petition, it was stated that since 4.11.1997 wife was not residing with the husband. 8. If the divorce petition had been filed only on the ground of desertion then it would not have been maintainable as two years had not expired at the time of filing of divorce petition. Even expiry of two years since the date of desertion during pendency of divorce petition would not have cured the defect. However, divorce petition had been filed on the ground of cruelty hence it was maintainable. In such situation if the period of two years since the alleged desertion expired during the pendency of divorce petition then amendment could be sought in the divorce petition for adding the ground of desertion also as one of the grounds for divorce. 9. In view of the above I am of the opinion that impugned order is erroneous in law except to the extent to which it rejects the amendment pertaining to change of the name of Court. 10. Accordingly writ petition is allowed. Impugned order is set aside to the above extent and amendment application filed by the husband petitioner is allowed except to the extent to which it seeks change in the name of the Court where divorce/marriage petition was initially filed. ————