I had sought for an amendment under O 6 R 17 of CPC, 1908. The Amendment are as follows:-
ADDITIONAL PARA No.6 A- The Petitioner No.2 submits that the Respondent has been very meticulous and cautious to present himself as an innocent person and that he has been not only physically abusive but mentally abusive as well. The Petitioner No.2 put up with the abuse thinking that the Respondent may change and that he would get better with the passage of time, but the Respondent did not change and continued to physically abuse her on a regular basis. The Petitioner No.2 submits that the Respondent would not even spend qualitative time with her and the Petitioner No.1 and that he had been unsuccessful in fulfilling his role as a responsible father as well as a husband. Further, the Petitioner No.1 who is of the growing age has several times asked Petitioner No.2 why her father does not like spending time with her and not even try to maintain a cordial bond with her.
2. ADDITIONAL PARA No.6 B- The Petitioner No.2 submits that when the Petitioner No.1 suffered from ‘Uncomplicated Urinary Tract Infection’ between 23.10.2020 to 26.10.2020, the Respondent dropped the Petitioner No.1 to the hospital and later he neither enquired about his daughter’s health nor did he spend money on the medical bills, the hospital bills amounted to Rs. 31,400. The Petitioner No.2 submits that the Petitioner No.1 suffers from wheezing and that she requires constant nebulization and until now the Respondent has not contributed towards his daughter’s health and has not cared enough in looking after his daughter for these many years. Copy of the Diagnosing report has been produced as Annexure C. It is submitted that all the expenses related to the Petitioner No.1’s respiratory illness was borne by the Petitioner No.2’s brother. Copy of the medical bills have been produced as Annexure D.
3. ADDITIONAL PARA No.6 C- The Petitioner No.2 submits that the respondent is very much influenced by his mother and sister-in-law and that they influenced the choices the Respondent made post marriage and continued to influence his thoughts and actions and tried to aggravate the misunderstandings and miscommunications between the Respondent and her. It is reiterated that the Respondent did not spend qualitative time with the Petitioner No.2 and that all she expected from the Petitioner No.2 was that he becomes her companion and a responsible husband, which are the legitimate expectations of a wife from her husband, but to her utter dismay the Respondent would not treat her with respect and dignity and had ill-treated her on multiple occasions.
4. ADDITIONAL PARA No. 6 D- The Petitioner No.2 submits the Respondent did not leave any opportunity to insult her by asking her to become a s*x worker and also had suggested that she elopes with somebody and he had grabbed her Mangal sutra and he had physically assaulted her before she became pregnant and he had used unparliamentary words against the Petitioner No.2’s mother, which hampered the Petitioner No.2’s mental wellbeing as well as her mother’s. It is submitted that the magnitude of the mental turmoil and distress caused by the Respondent to the Petitioner No.2 cannot be quantified, the Petitioner No.2 apprehended that the Respondent’s indifferent and disinterested attitude towards her and the Petitioner No.1 would have severe repercussions on the future of both of them, she still tried to adjust and mingle with the Respondent and his family but she was treated like outsider rather than as their own family member.
5. ADDITIONAL PARA No. 6 E- The Petitioner No.2 submits that the Respondent did not support her during her pregnancy and that it was her brother who looked after her and had borne the expenses related to her pregnancy and the Respondent did not show interest in taking her back from her mother’s house even after the birth of the Petitioner No.1. Further, on 16.04.2020, at around 1:30 A.M., the Petitioner No.2 had requested the Respondent to console the Petitioner No.1 when she was a 1 year old toddler and that’s when the Respondent had opined that why she had returned home and he was doing alright and he had mental peace when the Petitioner No.2 was away from him and that he physically abused by strangling her with neck using his feet and fearing for her life she rushed out of the house and reached out to one of her relatives and explained to him that she was brutally assaulted by the Respondent, after the advice of her relative, she approached the Hoyasala patrol and they intervened and advised the Respondent not to abuse the Petitioner No.2 and they left the house that the Petitioner No.2 and the Respondent were staying at that particular period of time, which belonged to the Respondent.
The court has asked for relevancy behind the amendment sought. How do I prove my case.
