PRIYA C MENON Vs. KRISHNAKUMAR V

JUDGEMENT

(1.) This Original Petition is filed challenging Ext.P4 order by which an application for amendment had been rejected by the Family Court as per order dated 19/12/2016 in IA No.3488/2016 in OP No.1695/2015.

(2.) The Original petition was filed by the petitioner seeking for divorce on the ground of cruelty. The respondent though entered appearance has not filed any written statement. In the meantime, petitioner filed Ext.P2 application seeking for amending the petition. Substantially, the amendment relates to contention about handing over gold ornaments to the respondent's mother as a trustee and thereafter the same being appropriated. Yet another amendment was with reference to the cruelty alleged to have been meted out by the respondent against the petitioner as well as the minor girl. Further amendment relates to the correction of a mistake in the date on which they got separated. In the petition, it is stated that the date of separation is to be corrected as 15/11/2014 whereas in the OP, it was stated as 15/6/2013. The contention urged by the petitioner was that the case was handled by another counsel and he had not incorporated various facts which were relevant to the case in the OP. When the matter was discussed with another counsel, it was noticed that there were certain infirmities in the petition which requires correction. That apart, the date of separation shown in the petition was an error which requires to be corrected as 15/11/2014 instead of 15/6/2013 .

(3.) Counter affidavit has been filed by the respondent as Ext.P3 inter alia contending that the amendment would change the nature and character of the petition. Further, serious allegations are made against the respondent. It is further stated that the date of separation having been admitted, it is to get over the criminal complaint that had been taken cognizance by the learned Chief Judicial Magistrate in MP No.283/2016 that the petitioner is contending that the separation was on 15/12/2014.