Dharam Pal vs Daljit Kaur

Rajesh Bindal, J.—Challenge in the present petition is to the order dated 7.11.2011 passed by the learned Court below whereby the application filed by the petitioner for amendment of the petition for divorce filed by him was rejected. The petitioner had initially filed petition u/s 10 of the Hindu Marriage Act, 1955 (for short, ''the Act''). However, after the entire evidence of the parties has been led, the same was sought to be converted into a petition u/s 13 of the Act seeking divorce. The same having been rejected, the petitioner is before this Court. Learned Counsel for the petitioner submitted that in case the amendment is allowed, it will shorten the litigation as the parties are already before the learned Court below.

After hearing learned Counsel for the parties, I do not find this to be a fit ground for allowing the amendment of the petition at this belated stage when the evidence of the parties before the Court below in the petition u/s 10 of the Act filed by the petitioner was almost over. If the amendment is allowed, the trial will have to proceed afresh as the issue regarding the grant of divorce will have to be framed and evidence to be led in support thereof. For the reasons mentioned above, the present petition is dismissed.