M/R v. Smt. Nabamita Nath Chakraborty

Mr. Arijit Bardhan, learned advocate appearing for the petitioner/husband by the proposed amendment wants to encash the admission/disclosure made by the opposite party/wife in connection with a proceeding registered as Misc Case No. 371 of 2018 under Domestic Violence Act. It is submitted by Mr. Bardhan that by the proposed amendment, there will be no change in the nature and character of the suit. It is also contended that the divorce has been proposed fundamentally on the ground of cruelty. The facts disclosed in the proposed amendment, if not proved, as asserted by the opposite party/wife in Domestic Violence Act proceeding, would help the petitioner/husband to support the ground of alleged cruelty. Per contra, Mr. Somnath Roy Chowdhury, learned advocate appearing for the opposite party/wife submits that the proposed amendment is not necessary to adjudicate the grounds set up in the prayer for divorce.

Learned advocate for the opposite party replies that a new ground of potency on the part of the petitioner/husband has been sought to be incorporated upon misconstruing the disclosure made by the opposite party/wife in her petition filed in Domestic Violence Act proceeding. Learned advocate for the opposite party 3 strenuously denies the alleged admission, stated to have been made by the opposite party/wife in her petition filed before the Domestic Violence Act proceeding. Having considered the submissions of both the sides, it appears that the only point requiring address by this Court is whether there will be any no change in the nature and character of the suit by the proposed amendment, or not. Upon viewing the proposed schedule of amendment, it appears that a conversion has been proposed to colourize the instant proceeding from Hindu Marriage Act to Special Marriage Act. The other point disclosed in the schedule of proposed amendment is relatable to a disclosure made by opposite party/wife in connection with a proceeding registered as Misc Case No.

371 of 2018 under Section 12 of the Hindu Marriage Act. Mr. Bardhan has described the disclosure to be an admission on the part of the opposite party/wife, what has been strongly disputed by the opposite party/wife. But in any case, the proposed amendment will not change the nature and character of the suit. When the nature and character of the suit will not be changed by the proposed amendment, this Court believes that if the proposed amendment is allowed giving sufficient opportunity to opposite party/wife to controvert the same upon filing amendment of written 4 statement, that would not cause any prejudice to the petitioner/wife. Whether it is an admission or not, as disclosed in the Domestic Violence Act proceeding, is a subject matter of decision by the Trial Court to be reached at the final hearing of the suit taking into account the evidence to be adduced by the parties to this case. The revisional application is thus disposed of permitting amendment of the plaint to be made in terms of the schedule of proposed amendment mentioned against 11A of such schedule of amendment, vide petition for proposed amendment, dated 20.11.2021.