JASWINDER KAUR Vs. SURESH KUMAR

JUDGEMENT

(1.) ACCORDING to the learned counsel for the appellant, the parties had filed an application Order 6 Rule 17 C.P.C. for amendment of the petition under Section 13 of the Hindu Marriage Act to one under Section 13-B of the Hindu Marriage Act. This application was filed on August 3, 2005 and a joint petition under Section 13-B was also annexed therewith. Both Jaswinder Kaur and Suresh Kumar had signed the joint petition.

(2.) THE application for amendment was declined on August 4, 2005 on the ground that it could not be entertained at that late stage since arguments had been concluded and the case was fixed for orders.

(3.) IT will be noticed from the judgment that the divorce petition had been filed on February 7, 2002. Therefore, by August 3, 2005 the parties had also been litigating for over 3-1/2 years. It is possible that the learned Additional District Judge felt that he could not entertain the application under Section 13-B because he may have to adjourn the case for six months for the statutory cooling off period since he had no power to waive that period. Nevertheless, the amendment was not allowed and the divorce petition was dismissed on the following day.