Arish Rajan VS Jitha Raj

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

K.HARILAL, ANNIE JOHN
Arish Rajan – Appellant
Versus
Jitha Raj – Respondent

Counsel for the Parties:
For the Appellant:Smt. Jeena Joseph, Smt. V.J. Sumi Liza and Sri. G.D. Panicker, Advocates
For the Respondent:Sri. Santhosh P. Poduval and Smt. R. Rajitha, Advocates

JUDGMENT

K. Harilal, J.—The petitioner and the respondent are the husband and the wife. Their marital relationship has become strained subsequently and the petitioner filed O.P.No.1989/2016, under Section 12(1)(a) of the Hindu Marriage Act, seeking a decree for annulling the marriage, before one year from the date of marriage. But, subsequently, the petitioner felt that one more prayer is also to be incorporated, to get the marriage dissolved, under Section 13(1)(ia) of the Hindu Marriage Act, if the former prayer is not allowed. On the above premises, the petitioner preferred an application to amend the Original Petition, so as to incorporate a new relief seeking dissolution of marriage, on the ground of cruelty, under Section 13(1)(ia) of the Hindu Marriage Act as I.A.No.4844/2018.

2. The respondent filed counter statement opposing the said Interlocutory Application, contending that the application itself is not maintainable. According to the respondent, the entire cause of action to declare the marriage as null and void is different from the cause of action for divorce alleged in the application seeking amendment. In the case of divorce, at first, the petitioner has to admit the

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