Divorce - hindu marriage act

praveen (Querist) 24 June 2014 This query is : Resolved
the petitioner after filing petition under sec. 13(i)(ia) of Hindu marriage Act for divorce and when repsondent (wife) contested the matter and when the case is posted for evidence, he filed application u/O.VI, R.17 of CPC and sought alternative relief of conjugal rights.
Whether at this stage this application is maintainable in the eyes of law?

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Devajyoti Barman (Expert) 24 June 2014
Amendment is allowed before commencement of trial.
You can however take objection that the amendment sought for is inconsistent relief which is not permissible in amendment of pleading.
However the prayer for amendment is likely to be allowed.