SHOBHA Vs. N. SRINIVASA

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 2.3.1999 in M.C. No. 3 of 1997 where by the learned Principal Civil Judge, Kolar, has been pleased to allow the application for amendment of the petition for divorce and to add the following as paragraph 2 (a); The Respondent's attitude was not proper and the conduct, demeanour and the treatment of the Respondent to the Petitioner is nothing but cruelty and the Respondent made false defamatory, malicious, baseless allegations against the Petitioner alleging that the Petitioner is demanding dowry, as a matter of fact that the Respondent attempted to kill the Petitioner. In view of this attitude of the Respondent, the Petitioner has sustained mental pain, sufferings and agency, as such, it has become highly impossible to live together as husband and wife in the said surcharged atmosphere, on the ground of cruelty the Petitioner is entitle for divorce.

(2.) THE learned Counsel appearing for the revision Petitioner contended before this Court that the order allowing the amendment is illegal as the amendment sought has been an after thought and introduces new cause of action which was not in existence at the time of filing of the petition and thus resulting the change of cause of action. The learned Counsel further contended that the amendment being malafide and should not have been allowed.

(3.) IT has been contended by the learned Counsel for the Respondent that the petition for divorce has been filed by the husband on the ground of cruelty under Section 13 of the Hindu Marriage Act 1955. No doubt the evidence has been adduced and the claimant had pleaded illtreatment by his wife and alleged the physical, and mental torture and agony was being caused. In order to elaborate and amplify the plea his amendment was necessary and sought. Therefore, the Court below did not commit any error either in law or fact or of jurisdiction in allowing the amendment.