JUDGMENT 1. This petition is filed by the petitioner-defendant under Article 227 of the Constitution of India, challenging the order dated 29.1.2009, passed by the Additional Principal Judge, Family Court, Gwalior in Case No. 2A/2008 (H.M. Act) whereby an amendment application filed by the present petitioner-defendant is rejected. 2. Shri Singh, learned counsel appearing on behalf of respondent, contended that he has no objection in allowing the amendment in para23 of the written statement that the said amendment is allowed and the present petitioner is directed to amend para-23 of the written statement accordingly. So far the amendment in para 14 is concerned the said amendment is only in the nature of clarification. In the present case, issues are already framed and the amendment is not based on subsequent events. 3. Hence, in the light of the judgment of the apex Court in the case of Vidyabai and others v. Padmalatha and another [2009 (I) MPWN 69 = (2009) 2 SCC 409 ] said amendment cannot be allowed. However, considering the fact that this amendment is only explanatory in nature we direct that the present petitioner will be free to lead evidence on the said issue. 4. Accordingly, petition stands disposed of.