VINOD K.SHARMA,J - (1.) THIS revision petition has been filed against the order declining application moved under Order 6 Rule 17 CPC for amendment of the petition filed under Section 13 of the Hindu Marriage Act. By way of amendment, the petitioner wanted to incorporate para 5-A in the original petition which reads as under :- "5(a) That the respondent has levelled false and baseless allegations that the petitioner is having illicit relation with one girl namely Mamta Rani daughter of Bishan Singh of village Manna and said Mamta Rani is staying with petitioner in his house. And that the petitioner and his parents are greedy person and they were demanding dowry articles and earnings of the respondent and that the petitioner and his parents had beaten her and taken all her golden ornaments, earnings, saving etc. of Rs. 70,000/-. These allegations of the respondent before the people, village panchayat, police and the Court and they have caused humiliation, harassment and mental agony to the petitioner and its parents, on 8.4.2004, 23.4.2004, 27.4.2003." The said application has been rejected by the learned Court below on the ground that the facts regarding the amendment were within the knowledge of the petitioner when he filed the petition for divorce.
(2.) NOTICE was issued to respondent. Despite service, no body has put in appearance. I have gone through the order passed by the Court below and find that the learned Court below has rejected the application without looking into the claim made therein. The case sought by way of amendment was that after the filing of divorce petition, i.e., 24.12.2003, the respondent-wife filed a complaint on 8.4.2004 making false allegations against the petitioner, therefore, the amendment sought was on account of subsequent event. The learned trial Court took into consideration the complaint which was earlier filed by the wife which was compromised on 15.12.2003 had declined the amendment, thus the learned Court below erred in coming to the conclusion that the fact regarding amendment was previously known to the petitioner when the divorce petition was filed, therefore, the order cannot be sustained. Even otherwise, the amendments sought are necessary for just and proper adjudication of the case. Accordingly, the petition is allowed. Impugned order dated 14.8.2004 is set aside and application moved under Order 6 Rule 17 is allowed. Petition allowed.;