HARJINDER KAUR Vs. NACHHATTAR SINGH

JUDGEMENT

(1.) This revision petition is directed against the order of the trial Judge refusing permission to amend the written statement.

(2.) The respondent (hereinafter referred to as the 'husband') filed a petition tinder Sec. 9 of the Hindu Marriage Act, 1955 (for short, the Act) against the petitioner (hereinafter referred to as the 'wife'). The husband pleaded that the wife had withdrawn from his society without any reasonable excuse. The wife defended the action on the ground that the husband and his family members used to taunt her for bringing insufficient dowry. The marriage between the parties was solemnised on May 11, 1986, but the wife was turned out of her matrimonial home by her husband after two months of the marriage. She was rehabilitated with the intervention of the Panchayat. But in Oct., 1986, she was finally turned out from her matrimonial home after giving her beatings. Since then, she has been living with her parents, where she gave birth to a male child.

(3.) During the pendency of the petition, an application under Order 6, Rule 17, Civil Procedure Code, was moved by the wife to incorporate an additional plea in the written statement that the husband and his family members raised a demand of Rs. 20,000 in Sept., 1986 from her parents. She wanted to give particulars of the demand made. The trial Judge dismissed the application on the ground that the wife was an educated lady, and if any such demand was made, it would have been mentioned in the written statement. The trial Judge also observed that if any such demand was made by the husband through a letter, the same at best could be treated an admission in his favour.