SUMAN KAUSHIK Vs. N.P. KAUSHIK

JUDGEMENT

(1.) THE petitioner is aggrieved by an order dated 26th April, 2007 whereby an application under Order 6 Rule 17, CPC for amendment of the written statements made by the petitioner was dismissed.

(2.) IN nutshell facts relevant for the purpose of deciding this petition are that the petitioner was facing a divorce petition filed by the respondent husband on account of cruelty and desertion. The evidence in the case had already been recorded and when the case was fixed for final arguments, the petitioner moved this application to amend W.S. and to bring on record subsequent conduct of the respondent husband. Petitioner submitted that the respondent had inserted advertisements seeking matrimonial alliance claiming himself to be a divorcee whereas he was not a divorcee. The petitioner wanted to place on record the said advertisement allegedly inserted by the respondent, a CD of the telephonic conversation allegedly of the respondent, his brother with other persons (relatives of the respondent), record of telephone bills, E -mails correspondence done with the prospective parties, etc. to prove the fact that it was the respondent who inserted the advertisement. The petitioner had also filed a complaint to the concerned SHO making same kinds of allegations. On the basis of this complaint an FIR No. 15 of 2007 was registered for the offences under Sections 419, 420, 512 of the Indian Penal Code.

(3.) LEARNED Counsel for the petitioner argued that the subsequent conduct of the respondent showed that the respondent was playing fraud and was claiming himself to be a divorcee and issueless whereas he was not a divorcee and this conduct of the respondent affects the petitioner since she continued to be the legally wedded wife of the respondent and her this status of legally wedded wife got affected by insertment of the advertisements by the respondent.