THE HON’BLE SRI JUSTICE K.C.BHANU C.R.P.No.1484 of 2010 ORDER: This Civil Revision Petition is directed against the order dated 07.12.2009 in I.A.No.244 of 2008 in H.M.O.P.No.121 of 2006 on the file of the Principal Senior Civil Judge, Chittoor. The petitioner is the husband and the respondent is the wife. The above interlocutory application was filed under Order VI Rule 17 C.P.C. to permit the petitioner to amend the Original Petition with the relief of dissolution of the marriage of the petitioner with the respondent as an alternative relief, which was dismissed by the trial Court. The petitioner filed the Original Petition under Section 9 of the Hindu Marriage Act, 1955 (for short “the Act”) for restitution of conjugal rights. During the course of evidence in the Original Petition, the respondent admitted that she is not interested to join her husband as he is having suspicion against her character and as he used to harass her for additional dowry and that as she apprehends danger to her life, she is not willing to join the petitioner and she is willing to dissolve the marriage ties with the petitioner and obtain divorce from him. Pursuant to the said admission, the present application is filed. The contention of the learned counsel for the petitioner is that in view of the admission made by the respondent in the evidence, the trial Court ought to have allowed the petition to amend the pleadings. The relief claimed in the main O.P. and amendment sought for in the petition are separate and distinct. Ordinarily, such amendment petitions cannot be allowed. The grounds mentioned under Section 13 of the Act for granting of divorce have to be pleaded and proved. There must be factual foundation in the petition for grant of divorce. Basing on the admission, the divorce cannot be granted, as the admission is not absolute, but only a conditional one. By allowing the petition for amendment, the nature of cause of action, the relief that may be granted, etc., would be changed. There must be a factual foundation by way of pleading to attract the provisions under Section 13 of the Act. There is no such factual foundation laid in the petition. Mere admission of a party by itself is not sufficient to grant the relief, in the absence of specific pleading with regard to grant of divorce. Therefore, the impugned order needs no interference by this Court. However, this order will not preclude the petitioner from seeking divorce basing on the admission made by the respondent herein, provided the ingredients come under Section 13(B) of the Act. The Civil Revision Petition is accordingly dismissed. No costs. K.C.BHANU,J Dt. 25.02.2011 lvl THE HON’BLE SRI JUSTICE K.C.BHANU C.R.P.No.1484 of 2010 Dt. 25.02.2011