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2000 Supreme(Kar) 739

H.N.TILHARI
Shobha – Appellant
Versus
N. Srinivasa – Respondent


Advocates:
Advocate Appeared:
Mr. A. Gopalaiah, for the Appellant.
Mr. S.P. Shankar, for the Respondent.

ORDER

Harinath Tilhari, J.—This revision petition is directed against the order dated 2.3.1999 in M.C. No. 3 of 1997 where by the learned Principal Civil Judge, Kolar, has been pleased to allow the application for amendment of the petition for divorce and to add the following as paragraph 2 (a);

The Respondent's attitude was not proper and the conduct, demeanour and the treatment of the Respondent to the Petitioner is nothing but cruelty and the Respondent made false defamatory, malicious, baseless allegations against the Petitioner alleging that the Petitioner is demanding dowry, as a matter of fact that the Respondent attempted to kill the Petitioner. In view of this attitude of the Respondent, the Petitioner has sustained mental pain, sufferings and agency, as such, it has become highly impossible to live together as husband and wife in the said surcharged atmosphere, on the ground of cruelty the Petitioner is entitle for divorce.

2. The learned Counsel appearing for the revision Petitioner contended before this Court that the order allowing the amendment is illegal as the amendment sought has been an after thought and introduces new cause of action which was not in existence at t













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