Dismissed

Anuradha Tuteja v. Lalit Tuteja

Punjab & Haryana HC21 Jan 2013CR/369/2013

Case brief

AI extract

What is this about?

The High Court dismissed a civil revision petition filed by a wife challenging the trial court's permission to amend a divorce petition. The amendment sought to include alleged cruelty occurring after the original suit filing but during a period of cohabitation.

What did the court decide?

Revision petition dismissed; husband permitted to amend petition to include subsequent alleged cruelty.

Anuradha Tuteja Vs Lalit Tuteja — Punjab & Haryana HC (2013) — LawSathi Research

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Civil Revision No. 369 of 2013 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Civil Revision No. 369 of 2013 (O&M) DATE OF DECISION : January 21, 2013

Anuradha Tuteja

...Petitioner

Versus

Lalit Tuteja

...Respondent

CORAM: HON’BLE MR.JUSTICE M.JEYAPAUL

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Present Mr. Rajan Malhotra, Advocate for the petitioner.

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M.JEYAPAUL, J.

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The husband Lalit Tuteja originally filed a divorce petition under Section 13 (1) (i-a) & 13 (1) (i-b) of the Hindu Marriage Act, 1955 seeking divorce on the grounds of cruelty and desertion as against his wife Anuradha who is the Revision petitioner herein. It is true that the divorce petition was filed by the husband as on 29.09.2006 but during the pendency of the divorce petition the matter was referred to permanent Lok Adalat. As per the decision of permanent Lok Adalat the Revision petitioner and the respondent started residing together. Thereafter, they separated and as a result of which the divorce proceedings stood revived.

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The respondent herein filed an application at that stage

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Civil Revision No. 369 of 2013 (O&M) 2

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invoking Order 6 Rule 17 of the Code of Civil Procedure seeking amendment of the divorce petition facilitating him to incorporate the subsequent developments of alleged cruelty w.e.f. 28.7.2011 to 19.4.2012.

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The trial Court felt that such a subsequent event of alleged cruelty will have to be introduced by way of amendment as the same would have a bearing on the merit of the case.

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The learned counsel appearing for the Revision Petitioner-wife would submit that the respondent cannot be permitted to introduce the subsequent events which may not have the bearing on the divorce petition filed by the husband seeking divorce on the grounds of cruelty and desertion.

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I find that there is no merit in the Revision filed by the wife.

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The fact remains that both the parties started living together as per the advice given by Lok Adalat. During the course of such living, the husband has alleged that some cruelty had been committed to him and, therefore, the same will have to be introduced by way of amendment to strengthen his case filed by him based on the alleged cruelty committed by the wife as against him.

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As rightly observed by the trial Court, I find that the subsequent events of alleged cruelty during the period they lived together subsequent to the divorce petition filed by the husband may have a bearing on the merit of the case which was filed on the ground of cruelty also. Therefore, the trial Court has rightly permitted

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Civil Revision No. 369 of 2013 (O&M) 3

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the husband to introduce the subsequent development in this case.

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As there is no merit in the Revision, the Revision fails and

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it stands dismissed. No costs.

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(M.JEYAPAUL) JUDGE

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January 21, 2013 p.singh

Anuradha Tuteja v. Lalit Tuteja

Case brief

What is this about?

What did the court decide?

Anuradha Tuteja v. Lalit Tuteja

Case brief

What is this about?

What did the court decide?

What the court decided

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