- (1.) This petition is filed against the order dated 24.09.2013 by which the application filed by the respondent-husband for amendment of divorce petition has been allowed.
(2.) In brief, the respondent-husband has filed a petition under Section 13(1)(a) of the Hindu Marriage Act, 1955 (here-in-after referred to as the "Act") seeking divorce on the ground of cruelty. On the other hand, the petitioner-wife has filed the petition under Section 9 of the Act for restitution of conjugal rights. During the pendency of the divorce petition, the respondent-husband filed an application under Order 6 Rule 17 of the CPC for amendment in order to add the ground of desertion as well for seeking divorce. The relevant portion of the averments sought to be added reads thus:- "49. That thereafter also the respondent continuously deserted him on her own willingly and never came or expressed her desire to come at Delhi. Moreover, she did not come to Pondichery/Pudducherry even where the petitioner was employed w.e.f. 4th July, 2009 onwards. She, despite repeated requests of the applicant, flatly/continuously refused to come to him at these places and never had any desire to develop their matrimonial home."
(3.) He also wanted to add some more facts to highlight the act of cruelty on the part of the petitioner-wife. The application was hotly contested by the petitioner-wife by way of her reply to which rejoinder was also filed by the respondent-husband. The learned Trial Court, however, allowed the application of the respondent-husband vide its impugned order dated 24.09.2013.;