Very urgent please

@ MANKU, 

Here is the judgment, I hope it will be helpful to you as you needed it urgently.

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.

P.C.:

Rule. Rule is made returnable forthwith.

2. The Petitionerhusband

filed an Application for amendment of

his Petition of divorce in the Family Court No.2, Bandra Mumbai. The

Court by its order dated 29th February, 2012 rejected the Application.

The order sets out the events showing the cruelty of the husband and

his family members. The order shows that those were events

subsequent to the filing of the Petition. The order also shows that they

are malafide.

3. It is contended on behalf of the Respondentwife

that the

Petitioner has not made out any case for cruelty in the Petition. If that

is so, the subsequent events would not make out any case of cruelty as

on the date of the Petition. The events subsequent to the Petition

would remains events of such dates.

4. The Respondent has refuted those incidents. If those incidents

form part of the pleadings that require to be refuted and the denial

would be seen by the Court.

5. 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. Hence, the order deserves to be interfered with.

The order dated 29th February, 2012 is set aside. The amendments

sought by the Petitionerhusband

are allowed. The Petitionerhusband

shall amend the Petition in the Family Court, within two weeks from

today. He shall also amend the copy of the Petition served upon the

Respondentwife

within two weeks from today. The Petition shall

proceed on merits.

7. Rule is made absolute to the above extent.

(ROSHAN DALVI, J.)

Thanks indeed very much.