G VIDYA KUMAR Vs. G SUBBASH REDDY

JUDGEMENT

(1.) This Revision Petition arises out of the petition filed under Order 6, rule 17, C.P.C. read with Section 151, C.P.C. for amendment of the petition filed in the O.P.The petitioner in this Revision Petition is the respondent wife in the Court below. The husband filed a petition under section 9 of the Hindu Marriage Act for restitution of conjugal rights stating that the wife has withdrawn from his company without any justifiable reason from July, 1980 onwards. In the counter the wife sought for judicial separation. It is stated that in view of lapse of considerable time the amendment of the petition is necessitated to include the plea of divorce and the proposed amendment does not alter the nature of the proceedings. The wife resisted this move stating that the amendment for relief of divorce in a petition for restitution of conjugal rights is not maintainable. The Court below allowed the amendment on the ground that the wife herself wanted judicial separation in the counter affidavit and if this amendment is allowed she will not be prejudiced and further in view of the judgment of the High Court striking down section 9 of the Hindu Marriage Act as ultra vires, petition as it now stands should be dismissed and the petitioner will have to file another O.P. for divorce.

(2.) The marriage was consummated on 27.1. 1980. The petition for restitution of conjugal rights was filed on 1.9.1981. Though the O.P. was filed on 27.1.1980 it is still pending due to certain events which are not necessary to be traversed. The application for amendment is filed on 8.8.1983. It is not in dispute that another petition being O.P.No. 1/84 is filed on 21.11.1983 for divorce.

(3.) The learned Counsel for the petitioner at the outset contended that the provisions of C.P.C. relating to amendment cannot be pressed into service in view of self contained provision. Section 13-A of the Hindu Marriage Act regulating the amendment. This contention is devoid of substance. Section 13-A of the Act enables the court to pass a decree for judicial separation straightaway in a petition filed for dissolution of marriage by a decree of divorce thereby avoiding multiplicity of proceedings and as such this provision is not concerned with amendment.