L.N. Mittal, J. - (1.) CHETAN Arora, who has filed divorce petition against his wife Sangeeta alias Preeti -Respondent, has, by way of instant revision petition, invoked the jurisdiction of this Court under Article 227 of the Constitution of India to challenge order dated 16.09.2010 Annexure P -3 passed by learned Additional District Judge, Chandigarh thereby dismissing Petitioner's application Annexure P -1 for amendment of the divorce petition.
(2.) IT is alleged in the amendment application that Respondent is leading totally immoral and loose life, but earlier Petitioner was not having any proof thereof. However, recently it has come to notice of the Petitioner that Respondent is having intimacy with one Kailash and has been assuring him that after taking money from the Petitioner, the Respondent would settle down with Kailash, who is in medical profession. When Respondent and her family members learnt that Petitioner is going to collect documentary evidence by hiring private detective, Respondent lodged complaint to the police on 11.02.2010 by concocting incident dated 05.02.2010 and on its basis, FIR No. 46 has been registered against Kailash under Sections 432, 376 and 506 IPC. The Petitioner, therefore, wants to plead that in view of aforesaid conduct of the Respondent, it is practically impossible for the parties to live altogether. Aforesaid conduct of Respondent has caused mental anguish to the Petitioner. The aforesaid amendment application was resisted by the Respondent by filing reply Annexure P -2. Averments made in the amendment application were controverted. It was denied that Respondent was having any illicit relation with Kailash. It was pleaded that Petitioner and Kailash are close to each other and Kailash committed rape on the Respondent in connivance and conspiracy with the Petitioner and accordingly Respondent lodged aforesaid FIR against Kailash.
(3.) LEARNED Trial Court vide impugned order Annexure P -3 has dismissed the amendment application moved by the Petitioner. Feeling aggrieved, Petitioner has filed the instant revision petition.;