Civil Revision No. 3977 of 2008 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 3977 of 2008 Date of decision: 21.01.2009. Anurag Aggarwal ...Petitioner Versus Rajni @ Rishu ...Respondent CORAM: HON'BLE MR. JUSTICE S.D.ANAND. Present: Ms. Supriya Singh, Advocate, for Mr. Ashwani Talwar, Advocate the petitioner. Mr. H.R.Nohria, Advocate for the respondent ***** S.D.ANAND, J. The petitioner-husband filed a petition under Section 13 of the Hindu Marriage Act for dissolution of his marriage on the plea that the respondent-wife had treated him with cruelty. In the course of the trial, the petitioner-husband filed a plea under Order 6 Rule 17 C.P.C. for the leave of the Court to amend the petition and thereby aver that the respondent- wife and her father having lodged two FIRs (one at Police Station, Nalco Nagar, District Aggol (Orissa) under Sections 498-A/34 IPC read with Section 4 of Dowry Prohibition Act and the other at Police Station City Sagran under Section 498-A/406 IPC) had thereby committed another act of cruelty. The plea was resisted on behalf of the respondent-wife by averring that the proposed amendment was not necessary for just and proper decision of the case. Civil Revision No. 3977 of 2008 -2- **** The learned Trial Court held that the proposed amendment could not be allowed as it was based upon the events which had taken place subsequent to the filing of the petition. The petition deserves to be allowed. The Trial is at fairly initial stage. Apart therefrom, it is common ground that the petitioner-husband applied for dissolution of marriage on a plea of cruelty. Whether the lodging of two FIRs by the respondent-wife against the petitioner-husband would or would not amount to an act of cruelty is a matter which has to be adjudicated upon by the learned Trial Court on point of law and also facts. However, there is no reason why the petitioner-husband shall be disabled from taking up the plea aforementioned. In the light of the foregoing discussion, the petition shall stand allowed. The impugned order shall stand quashed. The amendment plea filed by the petitioner-husband shall stand allowed subject to payment of Rs.1000/- as costs. The parties, through their learned counsel are directed to appear before the learned Trial Court on 10.2.2009. January 21, 2009 (S.D.Anand) Pka Judge