ANURADHA TUTEJA Vs. LALIT TUTEJA

JUDGEMENT

(1.) The husband Lalit Tuteja originally filed a divorce petition under Section 13 (1) (i-a) & 13 (1) (i-b) of the Hindu Marriage Act, 1955 seeking divorce on the grounds of cruelty and desertion as against his wife Anuradha who is the Revision petitioner herein. It is true that the divorce petition was filed by the husband as on 29.09.2006 but during the pendency of the divorce petition the matter was referred to permanent Lok Adalat. As per the decision of permanent Lok Adalat the Revision petitioner and the respondent started residing together. Thereafter, they separated and as a result of which the divorce proceedings stood revived.

(2.) The respondent herein filed an application at that stage invoking Order 6 Rule 17 of the Code of Civil Procedure seeking amendment of the divorce petition facilitating him to incorporate the subsequent developments of alleged cruelty w.e.f. 28.7.2011 to 19.4.2012.

(3.) The trial Court felt that such a subsequent event of alleged cruelty will have to be introduced by way of amendment as the same would have a bearing on the merit of the case.