NEELAM MAAN Vs. CHARANJEET SINGH MAAN

JUDGEMENT

(1.) THIS is revision filed by Smt. Neelam Mann (wife) against the order of Additional District Judge, Ambala dated 9.5.2000 whereby he allowed the respondents (husband) to amend his petition filed under Section 10 of the Hindu Marriage Act (hereinafter referred as Act) for judicial separation into one under Section 13 of the Hindu Marriage Act (for the divorce) subject to payment of Rs. 500/- as costs.

(2.) HUSBAND filed petition under Section 10 of the Act for judicial separation against the wife on the ground of cruelty. During the pendency of the petition for judicial separation, the husband made an application under Order 6 Rule 17 CPC whereby he prayed to the Court to permit him to amend his petition for judicial separation into one for divorce under Section 13 of the Act. It was alleged in the application that after filing of the petition for judicial separation, they had entered into compromise and in the wake of that compromise, the wife stayed with him for about four months. On 9.9.98, when he was away on some official work, her father took her secretly without his knowledge to his house at Mohali. Thereafter, she filed complaints against him (husband) with intent to harm him and his old parents in false cases of dowry. He was thinking of withdrawing this petition for judicial separation but in view of the subsequent conduct of the wife, he thought that he should convert this petition into one under Section 13 of the Act on the ground of cruelty.

(3.) VIDE order dated 9.5.2000, Additional District Judge, Ambala allowed this application. He allowed him to amend the petition subject to payment of Rs. 500/- as costs.