KIMBERLEY PEREIRA Vs. MARIO PEREIRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent of the parties, the petition is taken up for hearing immediately.

(2.) The order of the Family Court impugned in this writ petition rejects the application of the petitioner wife to amend her written statement for including counter claim therein. The application had been filed more than two years after filing of the written statement. The respondent husband had opposed it on the grounds of i) delay, ii) it being barred by 0rder 8, Rule 6A Code of Civil Procedure and iii) it being unnecessary for the purpose of determining the real controversy between the parties. The Family Court rejected the application holding that it was not made within time and that it gave rise to a new cause of action. The Court was of the opinion that serious prejudice would be caused to the respondent husband if the proposed amendments were allowed.

(3.) The parties profess Christian religion. The respondent has filed petition for divorce under Section 10(1)(ix) and (x) of the Indian Divorce Act. The petitioner filed her written statement on 21 st December, 2006. Thereafter, on 8 th April, 2009 she filed the application at Exhibit 21 for amendment of the written statement to include counter claim therein. By way of counter claim, she proposed to seek divorce under the same grounds i.e. the grounds provided under Section 10(1) (ix) and (x) of the Indian Divorce Act and for possession of the flat standing in her name. She also seeks an injunction to restrain the respondent husband from creating third party interest in the flat in question.