IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION
WRIT PETITION NO. 3723 OF 2012
Balakrishnan S. Periyaswamy .. Petitioner
Kalaiarasi B. Periyaswamy .. Respondent
Mr. A. M. Vernekar for the Petitioner.
Mr. Harish D. Joshi for the Respondent.
CORAM : SMT. ROSHAN DALVI, J.
DATE : JUNE 26, 2012.
P.C.: Rule. Rule is made returnable forthwith.
2. The Petitionerhusband filed an Application for amendment of his Petition of divorce in the Family Court No.2, Bandra Mumbai. The Court by its order dated 29th February, 2012 rejected the Application. The order sets out the events showing the cruelty of the husband and his family members. The order shows that those were events subsequent to the filing of the Petition. The order also shows that they are malafide.
3. It is contended on behalf of the Respondentwife that the Petitioner has not made out any case for cruelty in the Petition. If that is so, the subsequent events would not make out any case of cruelty as on the date of the Petition. The events subsequent to the Petition would remains events of such dates.
4. The Respondent has refuted those incidents. If those incidents form part of the pleadings that require to be refuted and the denial would be seen by the Court.
5. It may be mentioned that the cruelty, if any, alleged in the Petition would have to be proved as on the date of the Petition. The other incidents which are of later dates would be seen by the Judge hearing the Petition on merits as of those later dates. It would be for the Judge at the time of hearing to conclude whether or not that amounted to cruelty and that would be only after taking into account the defence, if any, of the Respondent on merits.
6. Amendments cannot be refused on the ground that subsequent events are denied. Hence, the order deserves to be interfered with. The order dated 29th February, 2012 is set aside. The amendments sought by the Petitioner husband are allowed. The Petitionerhusband shall amend the Petition in the Family Court, within two weeks from today. He shall also amend the copy of the Petition served upon the Respondent wife within two weeks from today. The Petition shall proceed on merits.
7. Rule is made absolute to the above extent.
(ROSHAN DALVI, J.)