ANIL GOPAL BHATIA Vs. KASHISH ANIL BHATIA @ NEELAM RATTANKUMAR BALCHANDANI
LAWS(BOM)-2017-4-160
HIGH COURT OF BOMBAY
Decided on April 17,2017

Anil Gopal Bhatia Appellant
VERSUS
Kashish Anil Bhatia @ Neelam Rattankumar Balchandani Respondents

JUDGEMENT

R.G.KETKAR,J. - (1.) Heard Mr.H.H. Nagi, learned counsel for the petitioner and Mr.Raju Yamgar, learned counsel for the respondent, at length.
(2.) By this Petition under Article 227 of the Constitution of India, the petitioner has challenged the judgment and order dated 6.8.2016 passed by the learned Judge, Family Court, Thane below Exhibit33 in Petition A302/2011. By that order, the learned trial Judge rejected the application made by the petitionerhusband under Order VI Rule 17 of C.P.C. for amending the Petition so as to include the ground of desertion as contemplated by Section 13(1)(ib) of the Hindu Marriage Act, 1955 (for short, 'Act').
(3.) Mr. Nagi submitted that the petitioner has instituted the Petition for divorce under Section 13(1)(ia) of the Act on 1.10.2011. He submitted that the petition is presented on the ground of cruelty. The petitioner also contended that the respondent has deserted him. At the time of instituting the Petition, the period of desertion was not of two years and, therefore, the petitioner did not seek divorce on that ground. During pendency of this Petition, the period of two years is over and, therefore, he filed application for amending the Petition. By the impugned order, the learned trial Judge rejected the application on the ground that the amendment relates to the date of filing of the Petition. If the petitioner is allowed to amend the petition and incorporate the ground of desertion, it will be contrary to Section 13(1)(ib) of the Act.;


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