DR. BALWINDER SINGH Vs. BALBIR KAUR

JUDGEMENT

(1.) The present revision petition has been filed challenging the order dated 24.12.2004 passed by the learned Additional District Judge, Fatehgarh Sahib dismissing the application filed by the petitioner-husband seeking amendment in the petition filed by him under Sec. 13 of the Hindu Marriage Act, 1955.

(2.) The petitioner had filed the petition seeking divorce from his wife respondent Balbir Kaur on the ground of cruelty and desertion. The respondent had filed written statement wherein she made allegations against the petitioner of adultery with one Rupinder Kaur. In his replication the petitioner had stated that he was given an affidavit by one Jaswant Singh alleging that the respondent-wife was living in adultery with Gurmukh Singh son of Ratan Singh and Dr. Dinesh Singh son of Ranjit Singh. The petitioner adopted the said allegations of adultery as a ground for divorce. To that replication the respondent-wife filed a rejoinder and also filed an application for striking out the plea of adultery as a ground for divorce. This application was declined by the Court. The respondent-wife thereafter filed a civil revision in this Court challenging the order passed by the matrimonial Court declining her application for striking out the plea of adultery as a ground for divorce. The said revision petition was whoever dismissed by this Court on 15.9.2000.

(3.) It is thereafter that the petitioner-husband filed the present application to make two amendments in his petition. Firstly he wanted to array the aforementioned Gurmukh Singh and Dr. Dinesh Singh as respondent Nos. 2 and 3 in the petition in support of his allegation of adultery against his wife. Secondly the petitioner wished to add a paragraph in the petition to further substantiate the plea of cruelty on the ground that by making false allegations of adultery against the petitioner- husband in her written statement filed in the present divorce petition, she had further committed and continued to commit an act of cruelty against the petitioner.