KARMJIT KAUR @ KARAMJIT KAUR Vs. YADWINDER SINGH

JUDGEMENT

(1.) The petitioner, who is wife seeking divorce against the husband, in essence, petitioner before the trial court when the petition reached at the final stage sought following relief in the plaint, which has been rejected by the trial Court:-

(2.) Mr. Aakash Singla, learned counsel appearing on behalf of the petitioner submitted that the petitioner has moved an application under section 13 of the Hindu Marriage Act seeking divorce on two grounds namely (i) cruelty and (ii) desertion. The inadvertent error surfaced/came to the knowledge of the petitioner only at the time of arguments, for, the second amendment pertaining to adding of the word "December" before 2013 in para 8 of the petition as admitted in cross-examination is relevant, which has been extracted in para 4 of the revision petition and as well as the correction with regard to the date of departure instead of 10.05.2011 to 10.06.2011.

(3.) The aforementioned amendment is in clarificatory manner, much less, would be falling within the expression clerical and would take away any right or withdrawal of the admission prejudicial to the interest of the respondent-husband, thus, the rigours of the amended provisions of Order 6, Rule 17 CPC caused in 2002 would come in the way of the petitioner. This fact has been noticed by the trial Court, thus, urges this Court for setting aside the order under challenge.