MUNISH JAIN Vs. SHIMPY JAIN

JUDGEMENT

(1.) THIS petition has been filed challenging order dated 8.5.2013 (Annexure P -5), whereby, application moved by the petitioner for permission to amend the divorce petition was dismissed.

(2.) LEARNED counsel for the petitioner has submitted that the by way of amendment, petitioner only wanted to incorporate the facts, which had occurred during the pendency of the petition. The cause of action would not change on account of amendment of the petition. Petitioner had sought divorce on the ground of cruelty. The facts now sought to be brought on record would further establish the ground of cruelty. In support of his arguments, learned counsel for the petitioner has placed reliance on the decision of the Apex Court in Ramesh Kumar Agarwal vs. Ranmala Exports Pvt.Ltd. and others AIR 2012 SC 1887, wherein, it was held as under: -