Punjab-Haryana High Court
Sunil Sehgal vs Sarita Sehgal on 28 May, 2010
Author: Rajesh Bindal
Bench: Rajesh Bindal
Civil Revision No. 3758 of 2010 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Revision No. 3758 of 2010 (O&M)
Date of decision: 28.5.2010
Sunil Sehgal
.. Petitioner
v.
Sarita Sehgal
.. Respondent
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL
Present: Mr. Deepak Arora, Advocate for the petitioner.
..
Rajesh Bindal J.
Challenge in the present petition is to the order dated 11.5.2010, passed by the learned court below, whereby the application filed by the petitioner- defendant for amendment in the written statement was dismissed.
The respondent-plaintiff in the present case filed a suit for recovery of Rs. 4,55,000/- allegedly given to the petitioner-defendant in the form of gold ornaments at the time of her marriage with the petitioner. As it was alleged that the respondent-plaintiff was thrown out of the matrimonial home and the jewellery handed over to the petitioner at the time of marriage was not returned, the suit was filed. In the written statement originally filed, the petitioner-defendant took a stand that in fact the respondent-plaintiff was already married. Both the parties were already married and divorcee. The written statement was filed on 23.3.2007. Even the issues were framed on 2.5.2007. It is at the stage of conclusion of evidence of the petitioner-defendant that application was filed seeking to amend the written statement to raise a plea that the respondent-plaintiff had not taken divorce from her earlier husband before solemnising the marriage with the petitioner. The application was declined by the learned court below.
After hearing learned counsel for the petitioner, I do not find any reason to interfere with the impugned order, as the kind of relief claimed by the petitioner in the suit, the fact as to whether the respondent got divorce from her earlier marriage or not would not be relevant, as all what she is seeking is to recover the amount of gold ornaments, which were allegedly entrusted to the petitioner at the time of her marriage with him and the marriage is not in dispute.
Civil Revision No. 3758 of 2010 [2]Accordingly, the present petition is dismissed.
(Rajesh Bindal) Judge 28.5.2010 mk