VLNOD KUMAR ASAWA Vs. SUMLTA ASAWA

JUDGEMENT

(1.) Heard the learned Counsel of the petitioner. None appears for the respondents.

(2.) The petitioner-husband filed a petition for divorce against the 1st respondent-defendant on the ground of cruelty. It was alleged that the respondent has left the matrimonial home on 10-1-1994 and thereafter, has been staying away from the petitioner and has deserted him. During the pendency of the proceedings, two years have passed. The petitioner moved an application for amendment of the petition on the ground that he may be permitted to amend the petition by taking additional ground of desertion for divorce because by 10-1-1996 two years have passed and this subsequent event should be taken notice of. The 1st respondent resisted the petition.

(3.) The trial Court rejected the petition on the ground that the day on which the petition was filed, the desertion was for less than two years and after passing of the two years in case the proposed amendment is allowed, it may relate back to the date of filing the petition. Therefore, the new ground of divorce cannot be permitted to be incorporated in the original petition.