SRAVAN SATYAN Vs. SIMI SRAVAN SATYAN

JUDGEMENT

(1.) An order of the Family Court, Ernakulam in I.A. No. 694/2018 in O.P.No.2502/2011 dated 8.6.2018, dismissing the leave sought for amending pleadings in the written statement (objections) filed by the petitioner herein, is under challenge in this Original Petition filed under Art. 227 of the Constitution of India. The Original Petition before the Family Court was instituted by the respondent herein, who is the wife of the petitioner, seeking restitution of conjugal rights.

(2.) The respondent herein, sought a decree for restitution of conjugal rights alleging that, the petitioner herein, had deserted her and the child on 18.12.2010 and resumed his employment at Coimbatore. He thereafter started living with a concubine named Menaka. These allegations against him were denied by the petitioner in his counter statement.

(3.) What the petitioner sought before the court below through the proposed amendment of his pleadings is that, he wanted to incorporate few more details to substantiate the denial already taken in the defense statement. He also wanted to add a few more alleged acts of cruelty which he claims to have experienced at the hands of the respondent. The court below dismissed I.A.No. 694/2018 filed under Order 6, Rule 17 of C.P.C. by accepting the objection of the respondent that, it was the second round of amendment and further it is belated. It is true that an earlier amendment to his defense statement had been granted and carried out in the pleadings.