The High Court allowed a civil revision petition dismissing an application to amend a divorce petition to include cruelty under Section 13(1)(ia) of the Hindu Marriage Act due to lack of factual foundation, setting aside the trial court's order.
C.R.P. allowed; order of trial court amending petition set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY
C.R.P. No.1249 of 2014
ORDER:
The petitioner is the wife of the respondent. Their marriage took place on 17-02-2005, and they are blessed with a son. As in the case of most of the Indian couples, that happened to visit U.S., for employment; differences have arisen between them, and the respondent filed O.P.No.1241 of 2010 in the Family Court, Hyderabad, for divorce. He pleaded the ground of desertion, and invoked Section 13(1) (ib) of the Hindu Marriage Act (for short ‘the Act’). The petitioner opposed the O.P., by filing a counter. The trial of the O.P., commenced, and it is at an advanced stage. At that stage, the respondent filed I.A.No.619 of 2013, under Order VI Rule 7 C.P.C., with a prayer to permit him to amend the provision invoked in the O.P. He wanted to include Section 13(1) (ia) also, which is referable to the allegation of cruelty. The application was opposed by the petitioner by filing counter. The trial Court allowed the I.A., through order dated 0304-2014. Hence, this C.R.P.
Heard Sri G. Pedda Babu, learned counsel for the petitioner and Sri P. Nagender Reddy, learned counsel for the respondent.
It is competent for a party to Hindu marriage to invoke the relevant clauses in Section 13 of the Act, while seeking divorce. However, necessary factual foundation must be laid therefor. A provision cannot be invoked, just for the sake of it.
A perusal of the O.P., filed by the respondent reveals that his allegation was mostly about the desertion, and accordingly he invoked Section 13(1) (ib) of the Act. If the respondent came across any acts of cruelty on the part of the petitioner, subsequent to the filing of the O.P., either he has to file separate O.P., or he can seek amendment of the present O.P. It is not his case that any developments have taken place, subsequent to the filing of the O.P. The I.A was filed just with a prayer to permit him to add Section 13(1) (ia). Not a word was said about the cruelty in the pleadings, either in the original form or through this proposed amendment.
The trial Court committed an error in observing that no prejudice would be caused, if the amendment is permitted.
The C.R.P is accordingly allowed, and the order under revision is set aside.
The miscellaneous petitions filed in the C.R.P., shall also stand disposed of. There shall be no order as to costs.
__________________________ L.NARASIMHA REDDY, J.
Dt.22-09-2014
KO
2 issues framed by the court
Whether amendment petition to add cruelty as ground for divorce under Section 13(1)(ia) of Hindu Marriage Act without laying factual foundation can be allowed.
Whether trial court erred in holding that no prejudice would be caused if amendment is permitted.
3 provisions across 2 enactments
Hindu wife (Petitioner)
Hindu husband (Respondent)
L. Narasimha Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
