SANKAR PROSAD PAUL CHOWDHURY Vs. MADHABI PAUL CHOWDHURY

JUDGEMENT

(1.) ON April, 1976 the appellant husband had filed a petition in the Court of the learned District Judge, Alipore under Section 10 of the Hindu Marriage Act praying for a decree for judicial separation on the ground that the respondent wife had treated him with cruelty and that she had deserted him. After the Marriage Laws (Amendment) Act, 1976 was enacted, the appellant husband applied in the trial court for amendment of his petition, inter alia, by substituting in place of the prayer for judicial separation a prayer for decree for dissolution of marriage under Section 13(1) of the Hindu Marriage Act. The trial court had allowed the said prayer for amendment. The respondent wife had contested the said suit, inter alia, denying the allegations of cruelty and desertion made by her husband.

(2.) THE learned Additional District Judge, 7th Court, Alipore dismissed the said suit. Thereafter, the plaintiff husband has filed the present appeal.

(3.) MR . Ranjit Kumar Banerjee, learned advocate for the appellant, has made three fold submissions before us. His first submission is, that, for determining and the real questions in controversy between the parties, the appellant, even, at this appellate stage, ought to be allowed to amend his petition. According to Mr. Banerjee, such amendment of the petition if allowed is not likely to cause any prejudice to the respondent wife and she might be sufficiently compensated by awarding costs in her favour. Alternatively, Mr. Banerjee has submitted that in the event this court is unwilling to allow the aforesaid application for amendment of the appellant's petition for divorce, the appellant may be permitted to withdraw his said petition under Section 13 of the Hindu Marriage Act. Lastly, Mr. Banerjee has submitted that in his judgment under appeal the learned Additional District Judge has not recorded necessary findings for determining the issues framed in the case.