Divorce Petition can be Amended later stage
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.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION
WRIT PETITION NO. 3723 OF 2012
Balakrishnan S. Periyaswamy .. Petitioner
V/s.
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
https://www.lawweb.in/2013/02/divorce-petition-can-be-amended-later.html
