PUSHPA KUMARI Vs. KANSHI RAM

JUDGEMENT

(1.) This order will dispose of FAO No. 5-M of 1964 and C.M. No. 3858 of 1965.

(2.) C.M. No. 3958 of 1965 is an application under Order 6 Rule 17 of the Civil Procedure Code for leave to amend the original petition of the appellant under Section 10 of the Hindu Marriage Act for judicial separation. By this application leave is sought to add the following five sub-paragraphs to the original petition for judicial separation :-

(3.) By my order dated 30th September, 1965 I have already dismissed appellant's application under Order XLI, Rule 27 of the Code for leading additional evidence at the appellate stage consisting of the documents referred to in that order. Mr. Nehra, the learned counsel for the appellant has cited A. Kuppuswami Gounder V/s. Alagammal, 1961 AIR(Mad) 391where it was held that the making of unfounded allegations of adultery against a chaste wife would amount to cruelty under the law. To the same effect is the judgment of the Jammu and Kashmir High Court in Smt. Kamla Devi V/s. Amar Nath, 1961 AIR(J&K) 33and the judgment of the Allahabad High Court in Smt. Pancho V/s. Ram Prasad, 1956 AIR(All) 41