Learned Friends
The case details are as follows:
- Wife deserted husband. Husband filed for divorce on grounds of cruelty. Wife files her WS and opposes the petition strongly. Husband files rejoinder.
- After some time, wife changes stance and proposes mutual consent divorce in court without any money and prays for immediate divorce. Husband agrees but wife backs out
- Then after not appearing in court on 3 dates, Wife changes her mind again before framing of issues and files an application under CPC O6 R17 for amendment in her original WS to make a counter claim of divorce with money on grounds of cruelty & desertion (even though she has deserted the husband).
Is her application maintainable? What should be husband's stand? Please advise.
Thanks
