BHUPINDER PAL SINGH Vs. SUKHWINDER KAUR

JUDGEMENT

(1.) The husband Bhupinder Pal Singh aggrieved by the dismissal of his application under Order 6 Rule 17 read with Section 151 of the Code of Civil Procedure for amendment of the petition filed by him for divorce on 3.12.2002 on the ground of cruelty, has come forward with the present Revision.

(2.) The Revision petitioner has contended that the ground of desertion provided under Section 13 of the Hindu Marriage Act was not available to him at the time when he filed the divorce petition, for the statutory period of two years immediately preceding the presentation of petition had not expired. By way of amendment to the petition for divorce, the Revision Petitioner has proposed to introduce pleadings to the effect that the respondent who is wife of the Revision petitioner deserted her and on that ground also he is entitled to a decree for divorce.

(3.) The trial Court having found that the application has been filed malafide with an intention to drag on the divorce petition by introducing a new case at the fag end of the trial proceedings of the petition posted for arguments, chose to dismiss the application filed under Order 6 Rule 17 of the Code of Civil Procedure.