Hindu marriage act

a k pandey (Querist) 09 August 2012 This query is : Resolved
If a case is filed for divorce under provisions of cruelty and during the proceeding of case after 2 years from date of leaving of matrimonial house by wife, husband files amendment for divorce under provisions of desertion also and it has been allowed by trial court. Case ongoing under H.M.A.

Whether the amendment allowed by trial court for divorce under provisions of desertion is legitimate or is prohibited under any provisions of C.P.C.?

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R.K Nanda (Expert) 09 August 2012
It is fully legal.

Adv.R.P.Chugh (Expert) 09 August 2012
There is nothing wrong with such an amendment. Subsequent events can always be brought before the court by amendment of pleadings under order 6 rule 17. Such amendments though are rarely allowed after framing of issues. Though divorce on desertion is a different and seperate cause of action, but overall dispute being the same - it may be allowed.

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